1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 14: Probate Proceedings; Construction of Wills; Right of Election


Section 1410 Who may file objections to probate of an alleged will Any person whose interest in property or in the estate of the testator would be adv...

Surrogate's Court Procedure (SCP)

Who may file objections to probate of an alleged will

  Any person whose interest in property or in the estate of the testator would be adversely affected by the admission of the will to probate may file objections to the probate of the will or of any portion thereof except that one whose only financial interest would be in the commissions to which he would have been entitled if his appointment as fiduciary were not revoked by a later instrument shall not be entitled to file objections to the probate of such instrument unless authorized by the court for good cause shown. The objections must be filed on or before the return day of the process or on such subsequent day as directed by the court; provided however that if an examination is requested pursuant to 1404, objections must be filed within 10 days after the completion of such examinations, or within such other time as is fixed by stipulation of the parties or by the court.