§ 1402. Who may propound will; contents of petition; direction of court\n 1. Who may petition. A petition for the probate of a will may be\npresented by\n (a) any person designated in the will as legatee, devisee, fiduciary\nor guardian or by the guardian of an infant legatee or devisee or the\ncommittee of an incompetent legatee or devisee, or the conservator of a\nlegatee or devisee who has been designated a conservatee pursuant to\narticle seventy-seven of the mental hygiene law;\n (b) a creditor or any person interested or any person entitled to\nletters of administration with the will annexed under 1418;\n (c) any party to an action brought or about to be brought in which\naction the decedent, if living, would be a party;\n (d) the Public Administrator or County Treasurer on order of the\ncourt, where a will has been filed in the court and proceedings for its\nprobate have not been instituted or diligently prosecuted.\n 2. Contents of petition. The petition for probate shall allege the\ncitizenship of the petitioner and the testator and shall describe the\nwill being offered for probate and any other will of the same testator\non file in the court and shall set forth the names and post-office\naddresses so far as they can be ascertained with due diligence of all of\nthe persons required to be cited and all of the legatees, devisees and\nfiduciaries named in the will or any other will so filed.\n 3. Direction of court.\n (a) Where a petition for probate has been filed and the proceeding has\nnot been diligently prosecuted the court may direct the Public\nAdministrator or County Treasurer or authorize any party to take such\nsteps as may be required to bring the proceeding to a decree.\n (b) Where necessary, the court shall determine the text or tenor of\nthe will as admitted to probate and may incorporate the will or any part\nthereof in the decree.\n
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