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New York Surrogate's Court Procedure - Article 14 - § 1401 Proceeding to Compel Production of Will

Legal Research Home > New York Laws > New York Surrogate's Court Procedure (SCP) > New York Surrogate's Court Procedure - Article 14 - § 1401 Proceeding to Compel Production of Will

 
  § 1401. Proceeding to compel production of will
    Whenever  it shall appear to the court, sua sponte, or by the petition
  of a person authorized under the  succeeding  section  of  this  act  to
  present  a  petition for the probate of a will, that there is reasonable
  ground to believe that any person has knowledge of  the  whereabouts  or
  destruction  of  a  will  of  a  decedent  the  court  may make an order
  requiring the person or persons named therein to attend and be  examined
  in  the  premises.  Service  of  the order must be made by delivery of a
  certified copy thereof to the person or  persons  named  therein  either
  personally  or  in  such manner as the court shall direct. The court may
  either  in  the  order  or  otherwise  in  the  proceeding  require  the
  production  and  filing  in  court  of any will of the decedent which it
  finds is in the possession or under the control of the  respondent.  The
  court may impose the reasonable attorneys fees of the petitioner in such
  a  proceeding  against  a  respondent  when  the  court  determines  the
  respondent did not have good cause to withhold production of  such  will
  or codicil.

Last modified: February 18, 2012