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... · as in force on May 31, 2026
§ 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 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.
A person whose property or estate interest would be harmed by probate may object to all or part of the will. A person interested only in lost fiduciary commissions cannot object without court authorization for good cause. Objections must be filed by the process return day or a later court-set date; after an examination requested under § 1404, they are due within 10 days after the examinations finish, unless the parties stipulate or the court fixes another time. ★
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 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.