N.Y. Comp. Codes R. & Regs. tit. 22 § 1963.2
Current through Register Vol. 46, No. 53, December 31, 2024
Witnesses
1. The court requires the personal appearance and examination under oath by the clerk of any witness to a will offered for probate which was executed within 90 days of the date of the decedent's death. Where all the parties in interest in the proceeding are adult and competent and sign an acknowledged waiver, the court will dispense with this requirement. Objections to Probate
2. The time for filing objections after completion of the examination of subscribing witnesses, if requested pursuant to SCPA section 1404, shall be filed within 30 days, which may be extended by stipulation of counsel. Attorney-Fiduciary
3.(a) Where the petition for probate requests that letters testamentary issue to a person who is also an attorney, not related by blood or affinity with the decedent, the court requires that the attorney-fiduciary submit an affidavit explaining his relationship with the decedent and the circumstances surrounding his nomination as executor. After the required affidavit is filed, the court shall determine whether a hearing is necessary on the issue of the attorney-fiduciary's qualifications and the facts surrounding his or her appointment.(b) If the attorney-fiduciary is found to be qualified to act as executor, he or she must comply with Rule 207.60. Preliminary Letters
4. Any order granting preliminary letters will provide that such letters will expire six months after the date of issuance. The order will further provide for the petitioner to post a bond for the full amount of the estate assets alleged in the petition for probate.5. A petition requesting leave to extend preliminary letters beyond six months must be accompanied by a cash flow statement detailing the assets marshalled and claims paid by the petitioner. Any discrepancy between the value of estate assets set forth in the cash flow statement and the original petition for probate requires the filing of an affidavit explaining the discrepancy. If leave for extension is granted, preliminary letters will be extended only for an additional six months. Bequest to Confidant
6. In addition to the common practice of requiring an affidavit and hearing regarding any bequest in the decedent's will to an attorney ( Matter of Putnam, 257 NY 140), the court requires the submission of an affidavit detailing the relationship of the legatee to the testator and the facts surrounding a bequest to any person having a confidential relationship with the decedent (clergyman, accountant, doctor, nurse, home care attendant, etc.). The required affidavit, together with the petition, is submitted to the court to determine whether a hearing on the bequest is necessary. Wrongful Death
7. Where a cause of action for personal injury or wrongful death is listed as an asset of the estate and any of the parties in interest in the estate, either as legatees or distributees, are under a disability (infancy, incompetency, unknown, etc.), letters testamentary issued by the court will be restricted to provide that the cause of action cannot be settled or compromised without further order of the court. Trials
8. A note of issue and statement of readiness in compliance with Rule 207.29 and statement of issues in compliance with Rule 207.30 must be timely served and filed 10 days prior to the trial date set. Once a day certain and time for trial is fixed by the court, no adjournments will be granted barring extraordinary circumstances.N.Y. Comp. Codes R. & Regs. Tit. 22 § 1963.2