2006 New York Code - Who May Propound Will; Contents Of Petition; Direction Of Court

 
  § 1402. Who may propound will; contents of petition; direction of court
    1.  Who  may  petition.  A  petition  for the probate of a will may be
  presented by
    (a) any person designated in the will as legatee,  devisee,  fiduciary
  or  guardian  or  by the guardian of an infant legatee or devisee or the
  committee of an incompetent legatee or devisee, or the conservator of  a
  legatee  or  devisee  who  has been designated a conservatee pursuant to
  article seventy-seven of the mental hygiene law;
    (b) a creditor or any person interested  or  any  person  entitled  to
  letters of administration with the will annexed under 1418;
    (c)  any  party  to  an action brought or about to be brought in which
  action the decedent, if living, would be a party;
    (d) the Public Administrator or  County  Treasurer  on  order  of  the
  court,  where a will has been filed in the court and proceedings for its
  probate have not been instituted or diligently prosecuted.
    2. Contents of petition. The petition for  probate  shall  allege  the
  citizenship  of  the  petitioner and the testator and shall describe the
  will being offered for probate and any other will of the  same  testator
  on  file  in  the  court  and  shall set forth the names and post-office
  addresses so far as they can be ascertained with due diligence of all of
  the persons required to be cited and all of the legatees,  devisees  and
  fiduciaries named in the will or any other will so filed.
    3. Direction of court.
    (a) Where a petition for probate has been filed and the proceeding has
  not   been  diligently  prosecuted  the  court  may  direct  the  Public
  Administrator or County Treasurer or authorize any party  to  take  such
  steps as may be required to bring the proceeding to a decree.
    (b)  Where  necessary,  the court shall determine the text or tenor of
  the will as admitted to probate and may incorporate the will or any part
  thereof in the decree.