SCPA § 1414

When letters testamentary may be issued 1  ·  as in force on May 31, 2026

§ 1414. When letters testamentary may be issued

1. After a will has been admitted to probate any person entitled to letters thereunder who is eligible and who appears and qualifies is entitled to letters testamentary.

2. Where a judgment has been rendered in an action establishing a will the surrogate must record the will and issue letters as directed by the judgment.

3. A person entitled to letters upon a contingency may appear and show that the contingency has happened by which he is entitled to such letters.

4. A person named as an executor by a person other than the testator under a valid power contained in a will must appear and file an acknowledged selection of himself as an executor.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1414

In plain English

After a will is admitted to probate, eligible people entitled under it may receive letters testamentary.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.