Proof of will by probate in non-domiciliary jurisdiction In the case of original probate of the will of a non-domiciliary testator an aut... · as in force on May 31, 2026
§ 1606. Proof of will by probate in non-domiciliary jurisdiction
In the case of original probate of the will of a non-domiciliary testator an authenticated copy of the will and of its probate or establishment in the jurisdiction in which the will was executed shall be sufficient proof of its contents and of compliance with the law of the place of execution, if no objection is made thereto. If objection to the probate of such a will is filed this section shall not relieve proponent from offering competent proof of the contents and legal sufficiency of the will except that the original will need not be produced unless directed by a court.
For original probate of a non-domiciliary’s will, an authenticated copy of the will and its probate or establishment where it was executed proves its contents and compliance with that place’s law if no objection is filed. ★ If someone objects, the proponent must offer competent proof of the will’s contents and legal sufficiency, although the original will is unnecessary unless the court orders it produced.
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.