Section 1403. Persons to be served; content of process 1  


Latest version.
  • 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.