1404 Examinations (NY) | Practical Law
A Practice Note summarizing the key elements of 1404 examinations in New York. A 1404 examination is a proceeding that allows a party considering objecting to the probate of a will or contesting will provisions to take the testimony of certain interested parties before filing an objection or contest. This Note discusses when a 1404 examination is necessary, the parties deposed in a 1404 examination, the effect of a 1404 examination on no contest clauses, the cost of a 1404 examination, the extent of a 1404 examination, and objections following 1404 examinations.