{"id":10272,"date":"2020-03-27T14:37:41","date_gmt":"2020-03-27T14:37:41","guid":{"rendered":"https:\/\/probatestars.com\/?p=10272"},"modified":"2020-04-10T10:59:33","modified_gmt":"2020-04-10T10:59:33","slug":"the-3-2-discovery-rule-in-new-york-will-contests","status":"publish","type":"post","link":"https:\/\/probatestars.com\/the-3-2-discovery-rule-in-new-york-will-contests\/","title":{"rendered":"The 3\/2 Discovery Rule In New York Will Contests"},"content":{"rendered":"
The 3\/2 discovery rule in New York will contests<\/a> limits discovery to three years prior to the contested will, and two years after the date of the will or to the date of death, whichever is earlier.\u00a0 The 3\/2 discovery rule is found in New York’s Uniform Surrogate\u2019s Court Rule 207.27, which states:<\/p>\n 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.<\/p><\/blockquote>\n Therefore, the period of discovery for a New York will contest is limited to three years prior to the date of the will, and two years after the date of the will or to the date of death, whichever is earlier.<\/p>\nWhat Discovery Is Obtained In A New York Will Contest?<\/h2>\n