Examinations before trial in contested probate proceedings · as in force on May 31, 2026
In any contested probate proceeding in which objections to probate are made and the proponent or the objectant seeks an examination before trial, the items upon which the examination will be held shall be determined by the application of article 31 of CPLR. Except upon the showing of special circumstances, the examination will be confined to a three-year period prior to the date of the propounded instrument and two years thereafter, or to the date of decedent's death, whichever is the shorter period.
In a contested probate proceeding, when the proponent or objectant seeks an examination before trial, the items to be examined are decided under CPLR article 31. Unless special circumstances are shown, the examination is limited to 3 years before the date of the propounded instrument and 2 years after it or to the decedent's death, whichever is shorter. ★
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.