In re the Probate of the Will of Sellquist

Bodine, S.

Petitioner applies for the probate of the will of his spouse in which he is named as sole beneficiary without the formality of citing her collateral relatives, there being no descendants. In support of the application he has introduced evidence demonstrating the value of the estate assets as disclosed by him to be far less than $10,000. On this showing he contends that he should be legally recognized as the sole distributee within the purview of the statutes defining distributees and requiring notice on a probate application. (Decedent Estate Law, § 83, subd. 4; Surrogate’s Ct. Act,…