2006 New York Code - Application Of Act To Trusts

 
  § 1501. Application of act to trusts
    1.    The  provisions of this act apply to any of the following trusts
  without regard to the domicile of the trustee or  to  the  time  of  the
  execution of the will or of the creation of the lifetime trust:
    (a)  A trust created by the will of a domiciliary.
    (b)   A trust relating to real or personal property, without regard to
  the domicile of the testator or the grantor,  where  if  a  testamentary
  trust  the  will  creating  the  trust  was  admitted  to probate in any
  surrogate's court of this state or where the situs of the trust  or  any
  real  property  held  by  the  trust  is  within  this  state  and  if a
  testamentary trust the will  creating  the  trust  was  duly  proved  or
  established  or  admitted  to probate within a foreign country or state,
  the District of Columbia, the Commonwealth of Puerto Rico,  a  territory
  or  possession  of  the United States where it was executed or where the
  testator was domiciled at the time of his death.
    (c) A lifetime trust of  which  the  supreme  court  would  also  have
  jurisdiction.
    2.    The situs of a trust of personal property created by the will or
  lifetime trust instrument of a non-domiciliary shall be deemed to be  in
  this  state if the personal property is in this state at the date of the
  testator's death with respect to a testamentary trust or at the time  of
  the  creation of the lifetime trust with respect to a lifetime trust and
  is held and administered in this state in accordance with  the  will  or
  lifetime  instrument  or,  except  where  the  will  or  lifetime  trust
  instrument or the laws of the domicile of the testator or  the  domicile
  at  the  time  the  trust  was  created of the grantor expressly provide
  otherwise,  if  such  property  is   brought   into   this   state   for
  administration.
    3.  If  original probate of the will of a non-domiciliary has been had
  in any county of this state jurisdiction of the trust created under  the
  will  shall  be  vested  in  the  surrogate's court of that county.   If
  ancillary proceedings in respect  of  any  phase  of  the  estate  of  a
  non-domiciliary  have  been had in any county of the state, jurisdiction
  of the trust shall be vested in the surrogate's court  of  that  county.
  If  neither  an  original  nor ancillary proceedings has been had in any
  county of the  state,  and  in  all  cases  involving  lifetime  trusts,
  jurisdiction  shall  be vested in the surrogate's court of any county in
  which real property subject to the trust is situated, or if there is  no
  such real property subject to the trust, in the surrogate's court of the
  county  in which any trustee has his residence or its principal place of
  business:  provided that in case the surrogate's court in more than  one
  county  might  be entitled to entertain jurisdiction over any such trust
  jurisdiction shall be vested in the surrogate's court first entertaining
  a proceeding in relation to the trust.
    4.   Any surrogate may decline  to  entertain  jurisdiction  over  the
  administration of a trust of personal property created by the will of or
  lifetime   trust   instrument  created  by  a  non-domiciliary.    Every
  application to the court to entertain jurisdiction  over  such  a  trust
  shall  state  whether  any previous application for such relief has been
  made in this state and  shall  state  the  disposition  thereof  and  be
  accompanied  by  a  copy  of the will and of the foreign letters, if any
  have been issued,  authenticated  as  prescribed  in  1614,  or  of  the
  lifetime  trust  instrument  creating  the  trust,  with  proof  of  its
  authenticity.  If the application be entertained the court shall  record
  the will or such instrument in its office.