SCPA 1605 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1604 Ancillary letters on foreign will 1 up ARTICLE 16 Foreign Estates next SECTION 1606 Proof of will by probate in non-domiciliary jurisdiction In the case of original probate of the will of a non-domiciliary testator an aut... Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1605 Original probate 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 16 § 1605. Original probate 1. A will of a non-domiciliary which upon probate may operate upon any property in this state and is deemed by the laws of this state to have been validly executed for probate in this state, may be admitted to probate in the same manner as any other will may be admitted to probate under this act, except as herein otherwise prescribed. 2. A will which has been admitted to probate or established in the testator's domicile shall not thereafter be admitted to original probate in this state except (a) in a case where the court is satisfied that ancillary probate would be unduly expensive, inconvenient or impossible under the circumstances, (b) where the testator has directed in such will that it shall be offered for probate in this state or (c) where the laws of testator's domicile discriminate against domiciliaries of New York either as a beneficiary or a fiduciary. 3. A will which by judgment or decree of a competent court in the testator's domicile has been denied probate or establishment shall not be admitted to probate in this state except where the denial of probate or establishment is solely for a cause which is not ground for rejection of a will of a domiciliary testator.