Kaufman, who died last month at 81, said she wanted her ashes spread over Second Avenue on Manhattan's Upper East Side. That's where she ran her celebrity hangout for 47 years.
State law generally requires cremated remains to be placed only in certain designated areas or the private property of a consenting owner.
Kaufman's will was filed in Surrogate's Court on Thursday. She left Elaine's to its longtime manager, Diane Becker.
A lawyer for Kaufman says nothing has yet been done with her ashes, but that the executors - including himself - do not plan to violate any law.