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Court Decides Jurisdiction of Will


This is a probate case being held in the Surrogate’s Court of Queens County. The testatrix in the matter died a resident of Connecticut. She left both tangible and intangible personal property in Queens County. Her will states that her entire estate is to be divided equally between her two sons who are non residents. The oldest son is named as the executor of the estate and has filed a petition for probate in this court. After this proceeding was commenced, the younger brother who knew about the will received letters of administration from his mother’s estate in Connecticut. The youngest son is now moving to dismiss the petition in this court for lack of jurisdiction.

Case Discussion and Decision

A New York Probate Lawyers said while it is inarguable that the testatrix was a resident of Connecticut and the two legatees are non residents, the court has the discretion to permit the original probate of a will of a non resident who dies outside of the state that leaves personal property within this county.

A Staten Island Probate Lawyer said the executrix named her older son as the executor of the estate. Although he is not a resident of this state, he has petitioned to probate the will of his mother in this court. There are no persuasive reasons given as to why he should not be permitted to do so. For this reason, the motion to dismiss the present proceeding is denied. The petition and papers will be deemed to be amended so as to limit the relief of probate of the will of personal property.

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