§ 1401 Proceeding to compel production of will
§ 1402 Who may propound will; contents of petition; direction of court
§ 1403 Persons to be served; content of process
§ 1404 Witnesses to be examined; proof required
§ 1405 When court may dispense with testimony of witness
§ 1406 Proof of will by affidavit of attesting witness out of court
§ 1407 Proof of lost or destroyed will
§ 1408 Probate not allowed unless court satisfied
§ 1409 Notice of probate
§ 1410 Who may file objections to probate of an alleged will
§ 1411 Citation upon filing of objections
§ 1412 Preliminary letters testamentary
§ 1413 Revocation of letters upon proof of will
§ 1414 When letters testamentary may be issued
§ 1415 Supplementary letters, executors not named in letters not to act
§ 1416 Executor failing to qualify or renounce; how excluded
§ 1417 Renunciation by nominated executor; retraction thereof
§ 1418 Letters of administration with will annexed; when and to whom granted
§ 1419 Process; renunciation or exclusion of persons having prior or equal right
§ 1420 Proceeding for construction of will; effect of decree
§ 1421 Election by surviving spouse
§ 1422 Record of wills; evidence
§ 1423 Record of wills in former courts of probate; evidence
§ 1424 Foreign wills; evidence after lapse of time
Need help with a review of a will? Chat with an attorney and protect your rights.

Terms Used In New York Laws > Surrogates Court Procedure > Article 14 - Probate Proceedings; Construction of Wills; Right of Election

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Personal property: All property that is not real property.
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.