SCPA § 1604

Ancillary letters on foreign will 1 · as in force on May 31, 2026

§ 1604. Ancillary letters on foreign will

1. Upon admission of a will to probate under 1602 the court shall issue, if such be requested, ancillary letters to the following persons in the following order:

(a) The person expressly appointed in the will as executor with respect to property located within this state.

(b) The person to whom domiciliary letters have been issued or if domiciliary letters are not issued, the person appointed in the will to administer all property wherever located.

(d) A person entitled under this act to letters of administration c.t.a.

2. If no person named in any subparagraph of subdivision 1 is willing to qualify or to designate a person eligible to receive ancillary letters they shall issue to a person in the succeeding subparagraph of such subdivision who will qualify or to a person designated by him who is eligible to receive letters.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1604

In plain English

After admission of a will under § 1602, the court must issue requested ancillary letters in this order:

(1)(a) the executor named in the will for property in New York; ★
(1)(b) the person holding domiciliary letters, or, if no domiciliary letters issued, the person the will appoints to administer all property wherever located;
(1)(c) the person acting in the domicile to administer and distribute the estate;
(1)(d) a person entitled under this act to letters of administration c.t.a.
(2) If no one in a category will qualify or designate an eligible person, letters go to the next category's person who will qualify, or to that person's eligible designee.

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.