§ 1412. Preliminary letters testamentary\n 1. Whenever a petition for probate of a will (other than a lost or\ndestroyed will) has been filed and process has issued thereon, an\nexecutor named in the will may file with the court a written request for\nthe issuance to him of preliminary letters testamentary. In its\ndiscretion the court may accept a written request for such letters prior\nto the issuance of process upon such proof as the court shall deem\nnecessary. Where the request is made by one of several nominated\nexecutors, notice shall be given to all persons who under the terms of\nthe will have a right to letters testamentary equal to that of the\npetitioner. Where there is another will of the same testator on file in\nthe court that is later in date than the propounded instrument, notice\nshall be given to all persons who under the terms of the later will\nwould have the right to letters testamentary immediately upon probate of\nsuch later will.\n 2. (a) Notice hereunder shall be given at the time and in the manner\ndirected by the court and may be given either before or after issuance\nof preliminary letters. Any person having a right to letters\ntestamentary equal to that of an applicant for preliminary letters\ntestamentary may join in the application for such letters and may\nrequest that they issue to him or after the issue of such letters may\nrequest that the letters heretofore issued be extended to him. A person\nnamed in the will to act as executor upon the occurrence of any\ncontingency may in like manner request issuance of such letters,\nprovided that the contingency has occurred which would entitle him to be\nappointed executor. A person named as executor in a will later in date\nthan that in which the first applicant is appointed may file a written\ncross-request for preliminary letters testamentary after he has filed a\npetition for probate of such later will and process has been issued\nthereon. Unless, for good cause shown, the court shall otherwise\ndirect, the person named as executor in the latest such will shall have\na prior right to preliminary letters testamentary.\n (b) When preliminary letters testamentary have been issued and\nthereafter a will later in date has been filed with a petition for its\nprobate, and process has been issued thereon, an executor named in the\nlater will may request the revocation of the prior letters and the\nissuance of preliminary letters to him, and upon such notice as the\ncourt may direct, the court shall have discretion to revoke the letters\ntheretofore issued and grant preliminary letters testamentary to the\nexecutor named in the later will, to grant preliminary letters\ntestamentary jointly to the executors named in both wills, to confirm\nthe grant of letters theretofore issued, or to take such other action as\nthe court deems to be for the best interests of the estate and of the\npersons interested therein.\n 3. (a) Upon due qualification as provided in subdivision 5 and upon\nthe issuance of process, and whether before or after the return day of\nsaid process, preliminary letters testamentary must thereupon be issued\nto the person or persons who appear to the court to be entitled thereto,\nand where the court has accepted a request for such letters prior to the\nissuance of process, preliminary letters testamentary may be issued in\nthe discretion of the court upon due qualification as provided in\nsubdivision 5. The letters shall confer upon the person named therein,\nsubject to any limitations contained in the instrument offered for\nprobate, all the powers and authority and shall subject him to all the\nduties and liabilities of an administrator except that they do not\nconfer any power to pay or to satisfy a legacy or distributive share.\nUnless the court or the instrument offered for probate directs\notherwise, a preliminary executor is also authorized to take possession\nof, manage and sell any real property devised by and any pers
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.