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This entry was published on 2014-09-22
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SECTION 1609
Petition; process 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 16
§ 1609. Petition; process

1. A petition for ancillary probate or for ancillary letters of any
kind may be made by any creditor, public administrator, county treasurer
or person interested or to whom letters may issue under this article.
The petition shall state all of the decedent's property in this state
and the value thereof, the amount of the security given on the original
appointment, the name and post-office address of each domiciliary
creditor or each domiciliary claiming to be a creditor and the amount of
each claim so far as it is ascertainable.

2. If ancillary letters be requested, process shall issue to the
state tax commission, to all domiciliary creditors or domiciliaries
claiming to be creditors and to such other persons entitled to letters
or to designate an appointee as the court by order directs. The court
may issue process generally to all creditors or persons claiming to be
creditors who reside within the state, who shall be served in such
manner as directed by the court.

3. If petitioner prays for ancillary probate of a will but does not
ask that ancillary letters be issued, it shall be unnecessary to issue
any process except to the state tax commission.