Rule 207.27 of the Uniform Rules for the Surrogate’s Court contains, in part, what is colloquially referred to as the “3-2 rule.” This rule limits the scope of discovery that may be obtained in a probate proceeding to three years prior to the execution of a will and two years thereafter, or the death of the testator, whichever is earlier.
The New York County Surrogate’s Court’s recent decision in In re Manoogian1 has added an interesting wrinkle that may broaden, at least initially, the scope of one area of the 3-2 rule: the production of prior wills and codicils of a decedent.
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