In the event that the administration of a decedent's estate in the surrogate's court has been completed and the estate distributed, an action may be maintained in the supreme court by an after-born child under 5-3.2, a surviving spouse under 5-1.3 or an attesting witness under 3-3.2 to enforce rights under such sections against testamentary beneficiaries or distributees, as the case may be.
N.Y. EPTL 5-3.4