Effect of adjudication for or against fiduciary A prior adjudication rendered by a court of competent jurisdiction for or against an esta... · as in force on May 31, 2026
§ 1612. Effect of adjudication for or against fiduciary
A prior adjudication rendered by a court of competent jurisdiction for or against an estate fiduciary shall be as conclusive as to the ancillary fiduciary in this state as if he were a party to the adjudication unless it resulted from fraud or collusion of the fiduciary to the prejudice of the estate. This section shall not apply to an adjudication in another jurisdiction admitting or refusing to admit a will to probate.
A competent court’s earlier ruling for or against an estate fiduciary binds the New York ancillary fiduciary as though the ancillary fiduciary were a party, unless the ruling resulted from the fiduciary’s fraud or collusion that harmed the estate. ★ This rule does not cover another jurisdiction’s decision admitting or refusing to admit a will to probate.
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.