🔑 NY: Discovery Time Limit In Probate Proceedings

In contested probate proceedings, discovery is typically limited to a five-year time frame under Uniform Rules for Surrogate's Court [22 NYCRR] § 207.27. However, courts may allow discovery beyond this limit if "special circumstances" are demonstrated.

Uniform Rules for Surrogate's Court [22 NYCRR] § 207.27 defines the five-year time frame:

Section 207.27 Examinations before trial in contested probate proceedings.

In any contested probate proceeding in which objections to probate are made and the proponent or the objectant seeks an examination before trial, the items upon which the examination will be held shall be determined by the application of article 31 of CPLR. Except upon the showing of special circumstances, the examination will be confined to a three-year period prior to the date of the propounded instrument and two years thereafter, or to the date of decedent's death, whichever is the shorter period.