§ 1409. Notice of probate

1. Before letters are issued there shall be filed in the court a
notice entitled in the proceeding stating the name of the testator, the
name and address of the proponent, and that the will of the testator has
been offered for probate or probated, as the case may be. The notice
shall further set forth the name and post-office address of each person
named or referred to in the petition who has not been served or has not
appeared or waived service of process and shall state whether such
person is named or referred to in the will as legatee, devisee, trustee,
guardian or substitute or successor executor, trustee or guardian. The
notice shall further set forth the name and post-office address of the
attorney general of the state of New York if the will that has been
offered for probate contains a charitable bequest which is either to an
unnamed charitable organization or is in an unspecified amount,
including but not limited to, a bequest of all or part of the residuary
estate.

(a) Where by the terms of the will an interest in a trust or other
fund or property has been limited in any contingency to the persons who
shall compose a certain class upon the happening of a future event it
shall be sufficient to name only the persons in being at the death of
the decedent who would constitute the class if such event had happened
immediately before the date of such notice, and who have not been served
or appeared or waived service of process.

(b) Where by the terms of the will an interest in a trust or other
fund or property has been limited to a person who is named in such
notice or who has been served or has appeared or waived notice of
process, and has been further limited upon the happening of a future
event to a class of persons described in terms of their relationship to
such person it shall not be necessary to name such class of persons.

2. There shall be filed with the notice proof by affidavit of the
mailing of a copy thereof to each of the persons required by the
preceding subdivision to be named in such notice, and if any person is
an infant or an incompetent, of the mailing of a copy thereof to the
person or persons upon whom personal service of process is required to
be made with respect to the infant or incompetent. When it appears by
the petition for probate that the name or address of any person referred
to in this section is unknown mailing to such person of the notice
herein described shall not be required.

3. Upon the probate of an estate and distribution of its assets, if
any, under this chapter, if an undistributed asset is subsequently found
by the estate, the surrogate's court that granted such probate petition
shall maintain jurisdiction and shall not require any additional service
of the notice required by this section to be served again by the estate,
unless such previously undiscovered asset has an estimated value of more
than five thousand dollars or it has been more than seven years since
the distribution of the assets pursuant to the original probate.