{"jurisdiction": "us-ny", "code": "scpa", "section": "1402", "citation": "SCPA § 1402", "heading": "Who may propound will; contents of petition; direction of court 1", "text": ["§ 1402. Who may propound will; contents of petition; direction of court", "1. Who may petition. A petition for the probate of a will may be presented by", "(a) any person designated in the will as legatee, devisee, fiduciary or guardian or by the guardian of an infant legatee or devisee or the committee of an incompetent legatee or devisee, or the conservator of a legatee or devisee who has been designated a conservatee pursuant to article seventy-seven of the mental hygiene law;", "(b) a creditor or any person interested or any person entitled to letters of administration with the will annexed under 1418;", "(c) any party to an action brought or about to be brought in which action the decedent, if living, would be a party;", "(d) the Public Administrator or County Treasurer on order of the court, where a will has been filed in the court and proceedings for its probate have not been instituted or diligently prosecuted.", "2. Contents of petition. The petition for probate shall allege the citizenship of the petitioner and the testator and shall describe the will being offered for probate and any other will of the same testator on file in the court and shall set forth the names and post-office addresses so far as they can be ascertained with due diligence of all of the persons required to be cited and all of the legatees, devisees and fiduciaries named in the will or any other will so filed.", "3. Direction of court.", "(a) Where a petition for probate has been filed and the proceeding has not been diligently prosecuted the court may direct the Public Administrator or County Treasurer or authorize any party to take such steps as may be required to bring the proceeding to a decree.", "(b) Where necessary, the court shall determine the text or tenor of the will as admitted to probate and may incorporate the will or any part thereof in the decree."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/1402", "from_official_api": true, "plain_english": "Who may petition to probate a will, what the petition says, and how the court can push a stalled case.\n- **(1)** A petition may be filed by **(a)** anyone named in the will as **legatee, devisee, fiduciary or guardian**, or the guardian, committee or conservator of an infant, incompetent or conservatee legatee or devisee; **(b)** a **creditor**, a **person interested**, or anyone entitled to letters c.t.a. under **§ 1418**; **(c)** a party to an action, brought or about to be brought, in which the decedent would be a party if living; or **(d)** the **public administrator or county treasurer, on court order**, when a will has been filed and probate was **not started or not diligently prosecuted**. ★\n- **(2)** The petition must state the **citizenship** of the petitioner and testator, describe the offered will and any other will of the testator on file, and give the names and post-office addresses (as far as due diligence finds them) of everyone who must be cited and every legatee, devisee and fiduciary named in any of those wills.\n- **(3)** **(a)** If a filed probate petition is **not diligently prosecuted**, the court may direct the public administrator or county treasurer, or authorize any party, to take the steps needed to reach a decree. ★ **(b)** Where necessary, the court **must** determine the text or tenor of the admitted will and may include it in the decree.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/1402", "publisher": "Elyphived LLC"}