Uniform Rules § 207.26

Contested probate; notice of objections filed · as in force on May 31, 2026

(a) Objections to probate of a will shall be filed and served with proof of service in conformity with SCPA 1410.

(b) Within thirty days of the filing of objections, the proponent shall present a citation in accordance with section 1411 of the SCPA. If the proponent fails to timely present such citation or, having presented it, fails to have it issued by the court, the objectant or any other person interested may present such citation to be served pursuant thereto.

(c) Since the requirements of SCPA 1411 are jurisdictional, all further pretrial procedures or proceedings shall be stayed until there is compliance with this rule.

Official sourcehttps://www.nycourts.gov/rules/part-207-uniform-rules-surrogates-court

In plain English

This rule sets the steps after objections to probate are filed.

(a) Objections to probate shall be filed and served, with proof of service, as SCPA 1410 requires.
(b) Within 30 days of the filing of objections, the proponent shall present a citation under SCPA 1411. ★ If the proponent fails to present it on time, or presents it but fails to have it issued, the objectant or any other interested person may present the citation for service.
(c) Because SCPA 1411's requirements are jurisdictional, all further pretrial proceedings are stayed until this rule is complied with. ★

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.

In print

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.