SCPA § 709

Objection to grant of letters or appointment of lifetime trustee Any person interested, including a nominated fiduciary, before letters a...  ·  as in force on May 31, 2026

§ 709. Objection to grant of letters or appointment of lifetime trustee

Any person interested, including a nominated fiduciary, before letters are granted to another fiduciary or the surrogate's court appoints a trustee of a lifetime trust, may file objections showing his or her interest in the estate and stating one or more of the legal objections set forth in 707 to granting the letters to or the appointment of one or more of the persons about to receive them or to be appointed. Where such objections are filed the court may stay the granting of letters to or the appointment of the person against whom the objection is made until the matter is determined.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/709

In plain English

Before letters are granted or a lifetime trustee is appointed, any interested person, including a nominated fiduciary, may object by showing an estate interest and stating a § 707 eligibility objection. ★ The court may pause the challenged grant or appointment until it decides the objection. ★

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.

In print

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.