2006 New York Code - Citation Upon Filing Of Objections

 
  § 1411. Citation upon filing of objections
    1.  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.