SCPA 2303 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 2302 Award of costs and allowances 1 up ARTICLE 23 Costs, Allowances and Commissions next SECTION 2304 Costs of appeal 1 Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 2303 Security for costs 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 23 § 2303. Security for costs 1. In any proceeding in which an issue is raised by answer or objection by or on behalf of a non-domiciliary against the proponent of a will or a fiduciary or where the probate of a will has been tried before a jury which has disagreed, the court may require the person or persons raising such issue to give security for costs upon motion made by the proponent or fiduciary. 2. Security for costs may be required from any non-domiciliary who is the petitioner in any proceeding, provided the court finds that security is necessary for the protection of the estate. 3. If any party fails to comply with an order requiring him to give security for costs the court, upon the application of any interested party who might resort to the security if furnished, may make an order or decree dismissing the objections, answer or petition of the party in default.