N.Y. SCP Law § 1411

§ 1411. Citation upon filing of objections\n 1. Whenever objections are filed to the probate of a will, the\nproponent shall submit to the court for issuance a citation returnable\nat a motion term of the court (a) reciting that objections have been\nfiled to the will offered for probate and that such objections may be\ndetermined at a trial or at a hearing or conference on the return date\nor on a date to be fixed by the court, and (b) reciting the consequences\nof failing to appear set forth in the provisions of subdivision six of\nthis section.\n 2. The citation shall be submitted by the proponent to the court\nwithin thirty days after the filing of objections. If the proponent\nfails to submit the citation, the citation may be submitted by an\nobjectant or any other interested person.\n 3. The citation shall be issued to (a) each person named or referred\nto in the propounded instrument who has not appeared in the proceeding\nand whose interests would be affected by the outcome of the proceeding,\nand (b) such other persons as directed by the court.\n 4. The citation shall be served in accordance with the requirements of\nsections 307 and 308, except that service may be made by mail as therein\nprovided upon any person whether or not a resident of this state. Proof\nof the service of the citation shall be made and filed in the court at\nleast two days before the return date of the citation.\n 5. Each person to whom the citation must be issued, as provided in\nsubdivision three of this section, may waive service of the citation.\nEach person who has waived or has been served under this section may\nappear personally or by filing a notice of appearance.\n 6. Any person who has waived or has been served under this section and\nwho does not appear will not be entitled to further notice, and each\nobjection filed may be determined at a trial or at a hearing or\nconference on the return date or on a date to be fixed by the court. If\na settlement is entered into and agreed to by all parties appearing at\nthe trial, hearing or conference, such settlement and any final\ndetermination by the court will be binding on all persons who have\nwaived or have been served with process and who have failed to appear.\nAny person so failing to appear may be required to contribute to such\nsettlement an amount which bears the same proportion to the total amount\nof the settlement as his or her interest in the estate bears to the\naggregate of the interests in the estate of all persons required to\ncontribute to the settlement.\n