N.Y. Comp. Codes R. & Regs. tit. 22 § 207.26

Current through Register Vol. 46, No. 25, June 18, 2024

Section 207.26 - Contested probate; notice of objections filed

(a) Objections to probate of a will shall be filed and served with proof of service in conformity with SCPA 1410.

(b) Within 30 days of the filing of objections, the proponent shall present a citation in accordance with section 1411 of the SCPA. If the proponent fails to timely present such citation or, having presented it, fails to have it issued by the court, the objectant or any other person interested may present such citation to be served pursuant thereto.

(c) Since the requirements of SCPA 1411 are jurisdictional, all further pretrial procedures or proceedings shall be stayed until there is compliance with this rule.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.26