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.
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.
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.