Action in supreme court by child born after execution of will, · as in force on May 31, 2026
§ 5-3.4 Action in supreme court by child born after execution of will,
by surviving spouse upon revocation of will by marriage or by
subscribing witness with interest under will
In the event that the administration of a decedent's estate in the surrogate's court has been completed and the estate distributed, an action may be maintained in the supreme court by an after-born child under 5-3.2, a surviving spouse under 5-1.3 or an attesting witness under 3-3.2 to enforce rights under such sections against testamentary beneficiaries or distributees, as the case may be.
After Surrogate’s Court administration is complete and the estate distributed, an after-born child under § 5-3.2, surviving spouse under § 5-1.3, or interested attesting witness under § 3-3.2 may sue in Supreme Court to enforce statutory rights against beneficiaries or distributees. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.