Surrogate Edward McCarty III
Named executor and beneficiary of decedent mother, Stuart Moses, submitted a decree admitting the subject will to probate. Brother, Jay, filed objections to probate of the will alleging the proposed decree was premature. Stuart’s counsel sought dismissal of the objections. The court noted Surrogate’s Court Procedure Act §1410 required that objections to probate be filed 10 days after completion of examinations under §1404, unless there was a stipulation otherwise between the parties, or the court fixed a different date. Jay’s attorney claimed it was his understanding the deadline for objections would be 10 days from the receipt of transcripts of the examinations, but no writing or stipulation to such effect. Stuart’s counsel did not recall the discussions Jay’s attorney noted. The court stated the overriding concern was that only valid wills be admitted to probate, thus it was the tendency for courts to liberally exercise their discretion to allow late filings of objections weighing if the default was deliberate or not, the reason and extent of the delay, merits of the objections and the resulting prejudice from allowing such late filing. Thus, it permitted the late filing of Jay’s objections to the probate of decedent’s will.
