Legislation
SECTION 1603
Effect of right to contest or of revocation 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 16
§ 1603. Effect of right to contest or of revocation
1. If under the law of the testator's domicile the probate or
establishment of his will therein is subject to contest within a time
specified after probate or establishment, no property shall be
transmitted to the domicile or distributed to beneficiaries under the
will during such period of time unless the court which granted ancillary
probate authorizes such transmission or distribution upon proof that
(a) 7 months have elapsed since the issuance of ancillary letters in
this state,
(b) a contest of the will is not pending in the testator's domicile
and
(c) either the time provided in the domicile for the institution of a
contest has expired or one year has expired since the will was admitted
to ancillary probate under this article.
2. An ancillary fiduciary who transmits assets to the domicile or
distributes to beneficiaries in good faith and pursuant to an order or
decree under subdivision 1 shall be discharged from any liability even
if the probate or establishment of the will at the domicile is
thereafter set aside or revoked for any cause whatever.
1. If under the law of the testator's domicile the probate or
establishment of his will therein is subject to contest within a time
specified after probate or establishment, no property shall be
transmitted to the domicile or distributed to beneficiaries under the
will during such period of time unless the court which granted ancillary
probate authorizes such transmission or distribution upon proof that
(a) 7 months have elapsed since the issuance of ancillary letters in
this state,
(b) a contest of the will is not pending in the testator's domicile
and
(c) either the time provided in the domicile for the institution of a
contest has expired or one year has expired since the will was admitted
to ancillary probate under this article.
2. An ancillary fiduciary who transmits assets to the domicile or
distributes to beneficiaries in good faith and pursuant to an order or
decree under subdivision 1 shall be discharged from any liability even
if the probate or establishment of the will at the domicile is
thereafter set aside or revoked for any cause whatever.