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Article 14: Probate Proceedings; Construction of Wills; Right of Election

New York Surrogate's Court Procedure Act – 2026

All Sections New York Surrogate's Court Procedure Act Overview ← Previous Article 13: Settlement of Small Estates Without Court Administration Next → Article 15: Trusts and Trustees

All Sections

Article 1: General Article 2: Jurisdiction and Powers Article 3: Proceedings, Pleadings and Process Article 4: Appearance; Protection of Persons Under Disability; Counsel For Indigent Adults In Surrogate's Court Proceedings Article 5: Trials and Hearings Article 6: Orders and Decrees Article 7: General Provisions Relating to Letters Article 8: General Provisions Relating to Bonds Article 9: Temporary Administration--absentees and Internees Article 10: Intestate Administration Article 11: Public Administrators of the Counties Within the City of New York Article 12: Public Administrators In the Counties of Erie, Monroe, Nassau, Onondaga, Suffolk and Westchester and County Treasurers Appointed Administrators Article 13: Settlement of Small Estates Without Court Administration Article 14: Probate Proceedings; Construction of Wills; Right of Election Article 15: Trusts and Trustees Article 16: Foreign Estates Article 17: Guardians and Custodians Article 17-A: Guardians of Persons Who Are Intellectually Disabled and Developmentally Disabled Article 18: Claims; Payment of Debts and Funeral Expenses Article 19: Disposition of Real Property Article 20: Proceeding to Open Safe Deposit Box Article 21: Miscellaneous Proceedings Article 22: Accounting Article 23: Costs, Allowances and Commissions Article 24: Court Fees Article 25: Records and Recording Article 26: The Surrogate's Court and Its Officers Article 27: Appeals Article 28: Repeal; Savings Clause; Effective Date
§ 1401 Proceeding to compel production of will § 1402 Who may propound will; contents of petition; direction of court 1 § 1403 Persons to be served; content of process 1 § 1404 Witnesses to be examined; proof required 1 § 1405 When court may dispense with testimony of witness 1 § 1406 Proof of will by affidavit of attesting witness out of court 1 § 1407 Proof of lost or destroyed will A lost or destroyed will may be admitted to probate only if 1 § 1408 Probate not allowed unless court satisfied 1 § 1409 Notice of probate 1 § 1410 Who may file objections to probate of an alleged will § 1411 Citation upon filing of objections 1 § 1412 Preliminary letters testamentary 1 § 1413 Revocation of letters upon proof of will § 1414 When letters testamentary may be issued 1 § 1415 Supplementary letters, executors not named in letters not to act § 1416 Executor failing to qualify or renounce; how excluded 1 § 1417 Renunciation by nominated executor; retraction thereof 1 § 1418 Letters of administration with will annexed; when and to whom granted 1 § 1419 Process; renunciation or exclusion of persons having prior or equal right § 1420 Proceeding for construction of will; effect of decree 1 § 1421 Election by surviving spouse 1 § 1422 Record of wills; evidence § 1423 Record of wills in former courts of probate; evidence § 1424 Foreign wills; evidence after lapse of time