Section 1411. Citation upon filing of objections 1  


Latest version.
  • Whenever  objections  are  filed  to  the  probate  of a will, the
      proponent shall submit to the court for issuance a  citation  returnable
      at  a  motion  term  of the court (a) reciting that objections have been
      filed to the will offered for probate and that such  objections  may  be
      determined  at  a trial or at a hearing or conference on the return date
      or on a date to be fixed by the court, and (b) reciting the consequences
      of failing to appear set forth in the provisions of subdivision  six  of
      this section.
        2.  The  citation  shall  be  submitted  by the proponent to the court
      within thirty days after the filing  of  objections.  If  the  proponent
      fails  to  submit  the  citation,  the  citation  may be submitted by an
      objectant or any other interested person.
        3. The citation shall be issued to (a) each person named  or  referred
      to  in  the propounded instrument who has not appeared in the proceeding
      and whose interests would be affected by the outcome of the  proceeding,
      and (b) such other persons as directed by the court.
        4. The citation shall be served in accordance with the requirements of
      sections 307 and 308, except that service may be made by mail as therein
      provided  upon any person whether or not a resident of this state. Proof
      of the service of the citation shall be made and filed in the  court  at
      least two days before the return date of the citation.
        5.  Each  person  to  whom the citation must be issued, as provided in
      subdivision three of this section, may waive service  of  the  citation.
      Each  person  who  has  waived or has been served under this section may
      appear personally or by filing a notice of appearance.
        6. Any person who has waived or has been served under this section and
      who does not appear will not be entitled to  further  notice,  and  each
      objection  filed  may  be  determined  at  a  trial  or  at a hearing or
      conference on the return date or on a date to be fixed by the court.  If
      a  settlement  is entered into and agreed to by all parties appearing at
      the  trial,  hearing  or  conference,  such  settlement  and  any  final
      determination  by  the  court  will  be  binding on all persons who have
      waived or have been served with process and who have failed  to  appear.
      Any  person  so  failing to appear may be required to contribute to such
      settlement an amount which bears the same proportion to the total amount
      of the settlement as his or her interest in  the  estate  bears  to  the
      aggregate  of  the  interests  in  the estate of all persons required to
      contribute to the settlement.