N.Y. Surrogate's Court Procedure Act § 209: Powers incidental to jurisdiction of the court The court has power: 1

§ 209. Powers incidental to jurisdiction of the court

The court has power:

1. To open, vacate, modify or set aside any decree or order of the

court directing distribution of the property of an estate which was made

prior to the probate of and without knowledge of a will which affects

such distribution, and in the same or a different proceeding, and on

notice to the persons or the fiduciaries of the persons to whom the

property has been distributed, to make such further and different

direction as to such distribution as justice may require, and as an

incident thereto, order the refund of any property theretofore

distributed erroneously.

2. To sign any decision, decree or order, with its usual signature or

initials, and all decisions, decrees or orders heretofore or hereafter

so signed shall be valid and binding.

3. To transfer for trial in the surrogate's court having jurisdiction

any action or proceeding pending in any court other than the supreme

court, which affects or relates to the administration of an estate and

to receive for trial any such action or proceeding pending in the

supreme court which may by order of the latter court be transferred to

the surrogate's court on the prior order of that court and to transfer

any action or proceeding other than one which has been previously

transferred to it or which affects or relates to the administration of

an estate, to any other court, except the supreme court, having

jurisdiction of the subject matter in any other judicial district or

county provided such other court has jurisdiction over the classes of

persons named as parties.

4. To determine a decedent's interest in any property claimed to

constitute a part of his gross estate subject to estate tax, or to be

property available for distribution under his will or in intestacy or

for payment of claims, and to determine the rights of any persons

claiming an interest therein, as against the decedent, or as between

themselves, and to construe any instruments made by him affecting such

property.

5. To settle the account of a fiduciary of a common trust fund as

provided in the banking law.

6. To determine any and all matters relating to lifetime trusts.

7. To entertain a proceeding under EPTL 8-1.1.

8. To dismiss any proceeding which the petitioner has neglected to

prosecute diligently.

9. To determine any unfinished business pending before its predecessor

in office and to sign or certify papers or records left uncompleted or

unsigned by its predecessor.

10. In the exercise of its jurisdiction, the court shall have all of

the powers that the supreme court would have in like actions and

proceedings including, but not limited to, such incidental powers as are

necessary to carry into effect all powers expressly conferred herein.

11. The enumeration of powers herein shall not be deemed exclusive.