N.Y. Surrogate's Court Procedure Act § 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...

§ 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.