{"jurisdiction": "us-ny", "code": "scpa", "section": "2103", "citation": "SCPA § 2103", "heading": "Proceeding by fiduciary to discover property withheld or obtain information 1", "text": ["§ 2103. Proceeding by fiduciary to discover property withheld or obtain", "information", "1. A fiduciary may present to the court which has jurisdiction over the estate a petition showing on knowledge or information and belief that any property as defined in 103 or the proceeds or value thereof which should be paid or delivered to him is", "(a) in the possession or control of a person who withholds it from him, whether possession or control was obtained prior to creation of the estate or subsequent thereto or", "(b) within the knowledge or information of a person who refuses to impart knowledge or information he may have concerning it or to disclose any other fact which will aid the petitioner in making discovery of the property or", "(c) he has reason to believe, in the possession or control of a person described in subparagraph (a) of this subdivision or within the knowledge or information of a person described in subparagraph (b) of this subdivision and praying that an inquiry be had respecting it and that the respondent be ordered to attend and be examined accordingly and to deliver the property if in his control.", "The petition may be accompanied by an affidavit or other written evidence to support it.", "2. \"Property\" as used in this section shall include any and all personal or real property in which decedent had any interest, including choses in action, money deposited and all property rights of the depositor consequent on the deposit of money by a decedent, grantor or fiduciary or for his account with any authorized banking organization in respect of which the depositary claims no beneficial interest other than its proper costs, fees or expenses.", "3. If the court be satisfied there are reasonable grounds for the examination it must make an order accordingly. If the petition does not pray for an inquiry or examination, the court may issue a citation to the person alleged to be in possession or control of the property to show cause why he should not deliver such property or its proceeds or value.", "4. If it appear at any time that a person other than the respondent claims any interest in the property or the proceeds or value thereof the court may issue a citation to such person to show cause why he should not deliver the property if in his control or the proceeds or value thereof and why the court should not determine ownership and right to possession of such property.", "5. Service of any order for attendance and examination of any person must be made by delivery of a certified copy thereof to the person or persons therein named and the payment or tender to each of the sum required to be paid to a witness as a subpoena fee."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/2103", "from_official_api": true, "plain_english": "A fiduciary can ask the court to inquire into estate property someone is withholding or hiding information about.\n- **(1)** The **fiduciary** may petition the court with jurisdiction over the estate, on knowledge or information and belief, that property (as defined in 103), or its proceeds or value, that should be delivered to the fiduciary is: **(a)** held by a person who **withholds it**, whether obtained before or after the estate was created; **(b)** known to a person who **refuses to disclose** information that would help find it; or **(c)** believed to be held or known by such a person. The petition asks for an **inquiry**, that the respondent **attend and be examined**, and that the respondent **deliver the property** if in his control. Supporting affidavits or other written evidence may be attached.\n- **(2)** \"Property\" means **any real or personal property in which the decedent had an interest**, including choses in action and deposits with an authorized banking organization in which the bank claims no interest beyond its proper costs, fees or expenses.\n- **(3)** If satisfied there are **reasonable grounds** for examination, the court **must order it**. ★ If the petition does not ask for an inquiry, the court may issue a **citation** to the holder to **show cause** why the property, proceeds or value should not be delivered.\n- **(4)** If **someone other than the respondent claims an interest**, the court may cite that person to show cause why he should not deliver it and why the court should not **determine ownership and right to possession**.\n- **(5)** An order for attendance and examination is served by delivering a **certified copy** to each named person and paying or tendering the **witness subpoena fee**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/2103", "publisher": "Elyphived LLC"}