A fiduciary may present to the court which has jurisdiction over
the estate a petition showing on knowledge or information and belief
that any property as defined in 103 or the proceeds or value thereof
which should be paid or delivered to him is
(a) in the possession or control of a person who withholds it from
him, whether possession or control was obtained prior to creation of the
estate or subsequent thereto or
(b) within the knowledge or information of a person who refuses to
impart knowledge or information he may have concerning it or to disclose
any other fact which will aid the petitioner in making discovery of the
(c) he has reason to believe, in the possession or control of a person
described in subparagraph (a) of this subdivision or within the
knowledge or information of a person described in subparagraph (b) of
this subdivision and praying that an inquiry be had respecting it and
that the respondent be ordered to attend and be examined accordingly and
to deliver the property if in his control.
The petition may be accompanied by an affidavit or other written
evidence to support it.
2. "Property" as used in this section shall include any and all
personal or real property in which decedent had any interest, including
choses in action, money deposited and all property rights of the
depositor consequent on the deposit of money by a decedent, grantor or
fiduciary or for his account with any authorized banking organization in
respect of which the depositary claims no beneficial interest other than
its proper costs, fees or expenses.
3. If the court be satisfied there are reasonable grounds for the
examination it must make an order accordingly. If the petition does not
pray for an inquiry or examination, the court may issue a citation to
the person alleged to be in possession or control of the property to
show cause why he should not deliver such property or its proceeds or
4. If it appear at any time that a person other than the respondent
claims any interest in the property or the proceeds or value thereof the
court may issue a citation to such person to show cause why he should
not deliver the property if in his control or the proceeds or value
thereof and why the court should not determine ownership and right to
possession of such property.
5. Service of any order for attendance and examination of any person
must be made by delivery of a certified copy thereof to the person or
persons therein named and the payment or tender to each of the sum
required to be paid to a witness as a subpoena fee.