Legal Question in Wills and Trusts in New York

There is property in India, and, presumably, the decedent resided in India. Thus, under the facts of your question, the will should be probated in India.

An "ancillary probate" proceeding should be done in New York Ancillary probate is the process when a person who resided outside New York dies possessing real property and/or personal property in New York. The New York property must be administered in accordance with the laws of New York. The foreign probate proceeding should be accomplished first.

I agree with Michael. Place where Will is probated is place of residency of the decedent, not where property may be located. Ancillary procedings are then brought in another jurisdiction where the property is located.