N.Y. Surrogate's Court Procedure Act § 2104: Inquiry; trial and decree 1

§ 2104. Inquiry; trial and decree

1. Upon the return of the order, whether or not the respondent

answers, the petitioner may examine him with respect to the allegations

of the petition. If it appears thereon that an issue of title to any

property as defined in 103 or the proceeds or value thereof is raised,

if he has not theretofore done so, the respondent shall be directed to

serve and file an answer accordingly, but the examination, if directed

by the court, shall continue. When an issue of title is raised that

issue shall be tried as a litigated issue.

2. Any claim of title to or the right to the possession of any

property of the decedent or the estate must be made by verified answer.

3. If the possession of the property be denied, proof of that issue

may be presented by any party. The court may in an appropriate case

make an interim decree directing the delivery of property not claimed by

verified answer and continue the proceeding for determination of any

litigated issue.

4. If it appears that the petitioner is entitled to the possession of

any property the decree shall direct delivery thereof to him or if the

property shall have been disposed of or diverted the decree may direct

the payment of the proceeds or the value of the property or may impress

a trust upon the proceeds or make any determination which the supreme

court might decree in following trust property or funds.

5. If it be determined that the petitioner is not entitled to the

property or the proceeds or value thereof the court may determine the

respective interests of the other claimants thereto.

6. If during the proceeding, other than a trial of issues raised by

answer, a respondent is examined concerning any personal communication

or transaction between himself and the decedent such examination shall

not be deemed to be a waiver of the provisions of CPLR 4519.