2006 New York Code - Persons To Be Served; Content Of Process

 
  § 1403. Persons to be served; content of process
    1.    In  a proceeding for the probate of a will process must issue to
  the following persons if not petitioners:
    (a)  The distributees of the testator.
    (b)  The person or persons designated in the will as  executor  except
  that a person designated in the will as substitute or successor executor
  in the event the designated executor cannot act or fails to qualify need
  not be served where the designated executor is under no disability.
    (c)    Any  person  designated  in  the will as beneficiary, executor,
  trustee or guardian, whose rights or interests are adversely affected by
  any other instrument offered for  probate  that  is  later  in  date  of
  execution or which amends or modifies an instrument offered for probate.
    (d)    Any  person  designated  as  beneficiary,  executor, trustee or
  guardian in any other will of the same testator filed in the surrogate's
  court of the county in which the propounded will is filed  whose  rights
  or  interests  are  adversely  affected  by  the  instrument offered for
  probate.
    (e) If the propounded will expressly refers  to  an  instrument  which
  created  a  power  of appointment and purports to exercise such power of
  appointment, any persons designated in the instrument that created  such
  power of appointment whose rights or interests are adversely affected by
  the instrument offered for probate.
    (f)    The  testator  in  any case where the petition alleges that the
  testator is believed to be dead.
    (g)   The state tax  commission  in  the  case  of  a  non-domiciliary
  testator.
    (h)    Where  any  person to whom process is required to be issued has
  died, process shall  issue  to  his  fiduciary  and  if  none  has  been
  appointed,   to   all  persons  interested  as  distributees,  nominated
  fiduciaries or named as legatees or  devisees  under  any  will  of  the
  deceased filed in the court.
    (i)   The provisions of section three hundred fifteen shall apply to a
  proceeding under this section.
    2.  The process must set forth the name of the proponent  and  if  the
  will is nuncupative, that fact.