Legislative declaration of purpose It is the intent and purpose of this article that ancillary administration shall be granted in this st... · as in force on May 31, 2026
§ 1601. Legislative declaration of purpose
It is the intent and purpose of this article that ancillary administration shall be granted in this state only when there is an actual administration in the domiciliary jurisdiction. If the law of such jurisdiction does not provide for the appointment of a fiduciary but vests the property of a decedent in a person or persons subject to the obligation to pay the decedent's debts and expenses and the legacies bequeathed in his will or the distributive shares provided by law, such a person shall be recognized as the person acting therein to administer the decedent's estate in accordance with the law thereof, but only if such person has complied with all the requirements of such jurisdiction to entitle him to receive the property of the decedent and is acting or will act there to administer the estate.
New York grants ancillary administration only when an estate is actually being administered in the decedent’s home jurisdiction. ★ If that jurisdiction vests estate property directly in people responsible for debts, expenses, and gifts instead of appointing a fiduciary, New York recognizes them only after they satisfy that jurisdiction’s requirements and act there to administer the estate.
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.