Legislation
SECTION 1401
Proceeding to compel production of will Whenever it shall appear to the court, sua sponte, or by the petition of a person authorized unde...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 14
§ 1401. Proceeding to compel production of will
Whenever it shall appear to the court, sua sponte, or by the petition
of a person authorized under the succeeding section of this act to
present a petition for the probate of a will, that there is reasonable
ground to believe that any person has knowledge of the whereabouts or
destruction of a will of a decedent the court may make an order
requiring the person or persons named therein to attend and be examined
in the premises. Service of the order must be made by delivery of a
certified copy thereof to the person or persons named therein either
personally or in such manner as the court shall direct. The court may
either in the order or otherwise in the proceeding require the
production and filing in court of any will of the decedent which it
finds is in the possession or under the control of the respondent. The
court may impose the reasonable attorneys fees of the petitioner in such
a proceeding against a respondent when the court determines the
respondent did not have good cause to withhold production of such will
or codicil.
Whenever it shall appear to the court, sua sponte, or by the petition
of a person authorized under the succeeding section of this act to
present a petition for the probate of a will, that there is reasonable
ground to believe that any person has knowledge of the whereabouts or
destruction of a will of a decedent the court may make an order
requiring the person or persons named therein to attend and be examined
in the premises. Service of the order must be made by delivery of a
certified copy thereof to the person or persons named therein either
personally or in such manner as the court shall direct. The court may
either in the order or otherwise in the proceeding require the
production and filing in court of any will of the decedent which it
finds is in the possession or under the control of the respondent. The
court may impose the reasonable attorneys fees of the petitioner in such
a proceeding against a respondent when the court determines the
respondent did not have good cause to withhold production of such will
or codicil.