§ 209. Powers incidental to jurisdiction of the court\n The court has power:\n 1. To open, vacate, modify or set aside any decree or order of the\ncourt directing distribution of the property of an estate which was made\nprior to the probate of and without knowledge of a will which affects\nsuch distribution, and in the same or a different proceeding, and on\nnotice to the persons or the fiduciaries of the persons to whom the\nproperty has been distributed, to make such further and different\ndirection as to such distribution as justice may require, and as an\nincident thereto, order the refund of any property theretofore\ndistributed erroneously.\n 2. To sign any decision, decree or order, with its usual signature or\ninitials, and all decisions, decrees or orders heretofore or hereaft
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§ 209. Powers incidental to jurisdiction of the court\n The court has power:\n 1. To open, vacate, modify or set aside any decree or order of the\ncourt directing distribution of the property of an estate which was made\nprior to the probate of and without knowledge of a will which affects\nsuch distribution, and in the same or a different proceeding, and on\nnotice to the persons or the fiduciaries of the persons to whom the\nproperty has been distributed, to make such further and different\ndirection as to such distribution as justice may require, and as an\nincident thereto, order the refund of any property theretofore\ndistributed erroneously.\n 2. To sign any decision, decree or order, with its usual signature or\ninitials, and all decisions, decrees or orders heretofore or hereafter\nso signed shall be valid and binding.\n 3. To transfer for trial in the surrogate's court having jurisdiction\nany action or proceeding pending in any court other than the supreme\ncourt, which affects or relates to the administration of an estate and\nto receive for trial any such action or proceeding pending in the\nsupreme court which may by order of the latter court be transferred to\nthe surrogate's court on the prior order of that court and to transfer\nany action or proceeding other than one which has been previously\ntransferred to it or which affects or relates to the administration of\nan estate, to any other court, except the supreme court, having\njurisdiction of the subject matter in any other judicial district or\ncounty provided such other court has jurisdiction over the classes of\npersons named as parties.\n 4. To determine a decedent's interest in any property claimed to\nconstitute a part of his gross estate subject to estate tax, or to be\nproperty available for distribution under his will or in intestacy or\nfor payment of claims, and to determine the rights of any persons\nclaiming an interest therein, as against the decedent, or as between\nthemselves, and to construe any instruments made by him affecting such\nproperty.\n 5. To settle the account of a fiduciary of a common trust fund as\nprovided in the banking law.\n 6. To determine any and all matters relating to lifetime trusts.\n 7. To entertain a proceeding under EPTL 8-1.1.\n 8. To dismiss any proceeding which the petitioner has neglected to\nprosecute diligently.\n 9. To determine any unfinished business pending before its predecessor\nin office and to sign or certify papers or records left uncompleted or\nunsigned by its predecessor.\n 10. In the exercise of its jurisdiction, the court shall have all of\nthe powers that the supreme court would have in like actions and\nproceedings including, but not limited to, such incidental powers as are\nnecessary to carry into effect all powers expressly conferred herein.\n 11. The enumeration of powers herein shall not be deemed exclusive.\n