A special proceeding may be brought to determine a matter relating to any express trust except a voting trust, a mortgage, a trust for the benefit of creditors, a trust to carry out any plan of reorganization of real property acquired on foreclosure or otherwise of a mortgage or mortgages against which participation certificates have been issued and guaranteed by a corporation and for which the superintendent of financial services has been or may hereafter be appointed rehabilitator or liquidator or conservator, a trust to carry out any plan of reorganization pursuant to sections one hundred nineteen through one hundred twenty-three of the real property law or pursuant to section seventy-seven B of the national bankruptcy act, and trusts for cemetery purposes, as provided for by sections 8-1.5 and 8-1.6 of the estates, powers and trusts law. Any party to the proceeding shall have the right to examine the trustees, under oath, either before or after filing an answer or objections, as to any matter relating to their administration of the trust, in accordance with the provisions of article thirty-one.
§ 7701.Special proceeding relating to express trust.
Article 77. Proceeding Relating to Express Trust · Last amended 2012 · Last verified July 21, 2026
In one sentenceCPLR 7701 authorizes a special proceeding to resolve any matter relating to an express trust, excludes several specific categories such as voting trusts and cemetery trusts, and gives any party the right to examine the trustees under oath about their administration of the trust.
Full Text of CPLR 7701
Plain-English Summary
When a dispute arises over how a trust is being run, whether an accounting is accurate, whether a trustee is acting properly, or some other question tied to the trust's administration, CPLR 7701 gives interested parties a special proceeding rather than requiring a full plenary action. The section applies broadly to express trusts, but it excludes several specific categories: voting trusts, mortgages, trusts for the benefit of creditors, trusts carrying out particular real property reorganization plans tied to defaulted mortgage certificates, trusts carrying out reorganization plans under specified real property law or bankruptcy provisions, and trusts for cemetery purposes governed by the estates, powers and trusts law.
Beyond authorizing the proceeding, the section gives any party a concrete discovery right: the ability to examine the trustees under oath about any matter relating to their administration of the trust, either before or after filing an answer or objections. That examination proceeds under Article 31, the CPLR's general disclosure article, so it draws on the same tools available in ordinary civil litigation.
Because Article 77 covers so much ground, from routine accountings to contested administration disputes, this section functions as the article's gateway: it defines what kinds of trust matters can be brought here and confirms that trustees can be questioned under oath as part of resolving them.
Frequently Asked Questions
What kinds of trust disputes can be brought under CPLR 7701?
Any matter relating to an express trust, except several excluded categories: voting trusts, mortgages, trusts for the benefit of creditors, certain mortgage-reorganization trusts, certain bankruptcy or real-property-law reorganization trusts, and cemetery trusts.
Can a party question a trustee under oath in a CPLR 7701 proceeding?
Yes. Any party to the proceeding has the right to examine the trustees under oath about their administration of the trust, either before or after filing an answer or objections, under Article 31.
Does CPLR 7701 apply to voting trusts?
No. Voting trusts are specifically excluded, along with several other named categories of trusts.
What is the advantage of a special proceeding over a regular lawsuit for trust matters?
A special proceeding under Article 77 is a more streamlined vehicle for resolving trust administration questions than a full plenary action, while still allowing sworn examination of the trustees.
Are trusts for cemetery purposes covered by CPLR 7701?
No. Cemetery trusts are excluded, since they're governed instead by sections 8-1.5 and 8-1.6 of the estates, powers and trusts law.
Advisory Committee Notes
This section covers CPA §§ 1308, 1309, 1310, 1312, 1313, 1314, 1315, 1317 and 1319.
CPA § 1308 is unnecessary. The phrase “of which the Supreme Court has jurisdiction” is not needed since the section did not purport to—and could not constitutionally—affect the Supreme Court’s jurisdiction. See 9 NY Jud Council Rep 307, 308–10 (1943). The remainder of the first sentence and the third sentence which described how the proceeding was commenced is covered by article 4. The second sentence, which covered unknown parties, is covered by § 1024. The final paragraph is covered by the general venue provisions. See § 103(b).
CPA § 1309 is also unnecessary. The first two sentences are covered by article 4. The third sentence, on publication, is covered by rule 316(a). The final sentence, on adjournments and additional orders, states inherent powers of the court. Additional parties may be brought in under § 1001(b).
CPA § 1312 is covered by article 4.
CPA § 1313 is covered by article 12.
CPA § 1314 stated obvious powers of the court. See § 105(i).
CPA § 1315 was drafted to avoid the need for obtaining consent of parties who had not appeared. See 9 NY Jud Council Rep 307, 313 (1943). That aspect of the section is covered by rule 2103(e).
CPA § 1317 is not needed. Applicability to pending and future proceedings is covered by the general applicability clause in article 1.
CPA § 1318, which stated that the article did not deprive the Supreme Court of the jurisdiction it had under some other statute, is not necessary. The final clause of the section which dealt with mistakes in the form of procedure is covered by proposed §§ 103(b) and 103(c).
Amendment History
Add, L 1962, ch 308; amd, L 1964, ch 322 § 1; L 1976, ch 193 § 2, eff Sept 1, 1976; L 2011, ch 62, § 104 (Part A), eff Oct 3, 2011; L 2012, ch 155, § 47, eff July 18, 2012.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: special proceeding express trust New Yorkexamine trustee under oathtrust accounting proceeding CPLRwhich trusts are excluded from article 77