§ 2302 — Award of costs and allowances 1

New York § 2302

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 23: Costs, Allowances and Commissions

Text

§ 2302. Award of costs and allowances\n 1. Upon a motion the court may award costs to any party in such\namount as it determines not exceeding $20 to each party, except in\ncounties within the City of New York, where such amount shall not exceed\n$40.\n 2. Upon rendering a decree or in granting or denying an application\nto vacate a decree the court may award as costs such sum as it deems\nreasonable to the petitioner and to any other party who has succeeded in\nwhole or in part in a contest or whose attorney, in the absence of a\ncontest, has rendered services of substantial benefit to him, her or it,\nor to the estate, not exceeding\n (a) in counties within the City of New York:\n (i) $100 where there has not been a contest, or\n (ii) $300 where there has been a contest and $300 for each day, less\none, necessarily occupied in the trial or hearing and in addition $100\nfor each day necessarily occupied in preparing therefore and $100\nadditional if a motion for a new trial is granted.\n (b) in all other counties:\n (i) $50 where there has not been a contest, or\n (ii) $150 where there has been a contest and $150 for each day, less\none, necessarily occupied in the trial or hearing and in addition $50\nfor each day necessarily occupied in preparing therefore and $50\nadditional if a motion for a new trial is granted.\n 3. In a contested probate proceeding:\n (a) Costs payable out of the estate or otherwise may be awarded (1) to\nan unsuccessful contestant only if he, she or it be a guardian ad litem\nor guardian, committee or conservator of a person under disability; (2)\nto an unsuccessful proponent named as executor in the will when\npropounded by him, her or it in good faith as the last will of the\ndecedent; and (3) to a person named as executor in a prior will on file\nin the court that is not admitted to probate when such person\nparticipates in the proceeding in good faith. Such nominated executor,\nguardian ad litem, guardian, committee or conservator, whether\nsuccessful or not may be awarded costs and an allowance in such sum as\nthe court deems reasonable for his, her or its counsel fees and other\nexpenses incurred in the contest or attempt to sustain the will. The\ncourt may direct that such costs and allowances in whole or in part be\npayable by an unsuccessful contestant except that an award of the\nsuccessful proponent's counsel's fees may only be allowed where the\ncourt finds that the contest was brought in bad faith or was frivolous.\n (b) Either before or after the decree granting probate the court may\norder that a copy of the minutes of the trial be furnished to a\ncontestant for the purposes of appeal and charge the expense thereof\ninitially to the estate if satisfied that the contest is in good faith.\nIf the contestant be unsuccessful upon the appeal and he, she or it is\nnot the guardian of an infant, the committee of an incompetent, the\nconservator of a conservatee or a guardian ad litem he, she or it shall\nrefund to the estate any amount so paid by the estate for the minutes.\n 4. In a proceeding for probate of a will when the public\nadministrator or county treasurer has been directed to probate a will or\ncontinue the proceedings for the probate thereof, the court may award to\neither of them such sum as it deems reasonable for his, her or its\ncounsel fees and other expenses necessarily incurred therein.\n 5. After appeal, pursuant to the direction of the appellate court the\ncourt may award a fiduciary such sum as it deems reasonable for counsel\nfees and other expenses necessarily incurred on the appeal.\n 6. In a proceeding to construe a will or after appeal in such a\nproceeding, pursuant to the direction of the appellate court the court\nmay award to a fiduciary or any party to the proceeding such sum as it\ndeems reasonable for his, her or its counsel fees and other expenses\nnecessarily incurred in the proceeding or on the appeal.\n 7. Upon a final or intermediate judicial settlement a fiduciary may\nbe awarded for his, her or its expenses and counsel fees such sum as the\ncourt deems reasonable not exceeding:\n (a) within the counties of the City of New York: $100 for each day\nnecessarily occupied in preparing the account and in drawing, entering\nand executing the decree. Any sum so awarded may be in addition to any\ncosts, allowances or commissions otherwise authorized and awarded by the\ncourt.\n (b) in all other counties: $ 50 for each day necessarily occupied in\npreparing the account and in drawing, entering and executing the decree.\nAny sum so awarded may be in addition to any costs, allowances or\ncommissions otherwise authorized and awarded by the court.\n 8. In a proceeding for disposition of real property a fiduciary may\nbe awarded out of the proceeds of sale his, her or its commissions and\nsuch sum as the court deems reasonable for counsel fees and expenses\nnecessarily incurred in the proceeding.\n