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Current as of January 01, 2024 | Updated by FindLaw Staff
1. Upon admission of a will to probate under 1602 the court shall issue, if such be requested, ancillary letters to the following persons in the following order:
(a) The person expressly appointed in the will as executor with respect to property located within this state.
(b) The person to whom domiciliary letters have been issued or if domiciliary letters are not issued, the person appointed in the will to administer all property wherever located.
(c) The person acting in the domiciliary jurisdiction to administer and distribute the testator's estate.
(d) A person entitled under this act to letters of administration c.t.a.
2. If no person named in any subparagraph of subdivision 1 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.
Cite this article: FindLaw.com - New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 1604. Ancillary letters on foreign will - last updated January 01, 2024 | https://codes.findlaw.com/ny/surrogates-court-procedure-act/scp-sect-1604/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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