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This entry was published on 2014-09-22
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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.