{"jurisdiction": "us-ny", "code": "scpa", "section": "2303", "citation": "SCPA § 2303", "heading": "Security for costs 1", "text": ["§ 2303. Security for costs", "1. In any proceeding in which an issue is raised by answer or objection by or on behalf of a non-domiciliary against the proponent of a will or a fiduciary or where the probate of a will has been tried before a jury which has disagreed, the court may require the person or persons raising such issue to give security for costs upon motion made by the proponent or fiduciary.", "2. Security for costs may be required from any non-domiciliary who is the petitioner in any proceeding, provided the court finds that security is necessary for the protection of the estate.", "3. If any party fails to comply with an order requiring him to give security for costs the court, upon the application of any interested party who might resort to the security if furnished, may make an order or decree dismissing the objections, answer or petition of the party in default."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/2303", "from_official_api": true, "plain_english": "When the court may require **security for costs**.\n- **(1)** On **motion of the proponent or fiduciary**, the court may require security from a **non-domiciliary** who raises an issue by answer or objection against them, or from anyone raising the issue when a **probate jury has disagreed**. ★\n- **(2)** A **non-domiciliary petitioner** may be required to give security if the court finds it **necessary to protect the estate**.\n- **(3)** If a party fails to give security as ordered, the court, on application of any interested party who could resort to the security, may **dismiss** that party's **objections, answer or petition**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/2303", "publisher": "Elyphived LLC"}