SCPA 1607 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous 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... up ARTICLE 16 Foreign Estates next SECTION 1608 Ancillary letters generally 1 Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1607 Ancillary letters of administration 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 16 § 1607. Ancillary letters of administration 1. Upon petition as provided in 1609 and upon proof that letters of administration of the estate of a decedent have been issued by a competent court in the decedent's domicile or upon proof that under the law of that jurisdiction letters of administration are not granted but that a person is acting in that jurisdiction to administer the decedent's estate in accordance with the law thereof, the court may issue ancillary letters of administration. In a case where the court has theretofore issued original or ancillary letters or there is pending before the court an application therefor, the court shall take such proceedings as justice requires. 2. The court shall issue ancillary letters of administration to the following persons in the following order: (a) The person appointed administrator in the domiciliary jurisdiction or the person acting in that jurisdiction to administer the decedent's estate in accordance with the law thereof. (b) A person entitled to original letters of administration under this act. 3. If no person named in any subparagraph of subdivision 2 is willing to qualify or to designate a person eligible to receive ancillary letters they shall issue to a person in the succeeding subparagraph of such subdivision who will qualify or to a person designated by him who is eligible to receive letters.