{"jurisdiction": "us-ny", "code": "scpa", "section": "1414", "citation": "SCPA § 1414", "heading": "When letters testamentary may be issued 1", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/SCP/1414", "from_official_api": true, "plain_english": "After a will is admitted to probate, eligible people entitled under it may receive letters testamentary.\n- **(1)** A person who is entitled, eligible, appears, and qualifies **is entitled to letters testamentary**. ★\n- **(2)** If a judgment establishes the will, the **surrogate must record it and issue letters as the judgment directs**.\n- **(3)** A person entitled only upon a contingency may appear and **show that the contingency occurred**.\n- **(4)** An executor selected under a valid power in the will by someone other than the testator must **appear and file an acknowledged selection of himself or herself**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/1414", "publisher": "Elyphived LLC"}