Conclusive presumption after 10 years · as in force on May 31, 2026
§ 1922. Conclusive presumption after 10 years.
An action or proceeding to set aside any disposition of the real property of a decedent pursuant to an order granted under this article or under article 13 of the surrogate's court act by reason of lack of jurisdiction over any person interested in the estate or by reason of any other defect in the procedure must be brought within 10 years after the date of the order or within 1 year after the effective date of this article, whichever date is later. After the lapse of such period the presumption that the order was regular in all respects and that the court had jurisdiction of all persons interested in the estate becomes conclusive.
An action or proceeding to set aside a disposition of a decedent's real property under an order under this article (or article 13 of the surrogate's court act), for lack of jurisdiction over an interested person or any other procedural defect, must be brought within 10 years after the order or within 1 year after this article took effect, whichever is later. ★ After that, the presumption that the order was regular and the court had jurisdiction over all interested persons becomes conclusive. ★
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.