New York § 1401 Proceeding to compel production of will Whenever it shall appear to the court, sua sponte, or by the petition of a person authorized unde...

New York Statutes

§ 1401 — Proceeding to compel production of will Whenever it shall appear to the court, sua sponte, or by the petition of a person authorized unde...

New York § 1401

Law SCPSurrogate's Court Procedure

Art. 14Probate Proceedings; Construction of Wills; Right of Election

This text of New York § 1401 (Proceeding to compel production of will Whenever it shall appear to the court, sua sponte, or by the petition of a person authorized unde...) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Surrogate's Court Procedure § 1401 (2026).

Text

§ 1401. Proceeding to compel production of will\n  Whenever it shall appear to the court, sua sponte, or by the petition\nof a person authorized under the succeeding section of this act to\npresent a petition for the probate of a will, that there is reasonable\nground to believe that any person has knowledge of the whereabouts or\ndestruction of a will of a decedent the court may make an order\nrequiring the person or persons named therein to attend and be examined\nin the premises. Service of the order must be made by delivery of a\ncertified copy thereof to the person or persons named therein either\npersonally or in such manner as the court shall direct. The court may\neither in the order or otherwise in the proceeding require the\nproduction and filing in court of any will of the deced

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§ 1401. Proceeding to compel production of will\n Whenever it shall appear to the court, sua sponte, or by the petition\nof a person authorized under the succeeding section of this act to\npresent a petition for the probate of a will, that there is reasonable\nground to believe that any person has knowledge of the whereabouts or\ndestruction of a will of a decedent the court may make an order\nrequiring the person or persons named therein to attend and be examined\nin the premises. Service of the order must be made by delivery of a\ncertified copy thereof to the person or persons named therein either\npersonally or in such manner as the court shall direct. The court may\neither in the order or otherwise in the proceeding require the\nproduction and filing in court of any will of the decedent which it\nfinds is in the possession or under the control of the respondent. The\ncourt may impose the reasonable attorneys fees of the petitioner in such\na proceeding against a respondent when the court determines the\nrespondent did not have good cause to withhold production of such will\nor codicil.\n