Contested Probate Proceedings

Contested Probate Proceedings in New York

Probate proceedings in New York can often be straightforward, allowing for the efficient distribution of assets according to a decedent’s Last Will and Testament. However, there are times when disputes arise among beneficiaries, heirs, or creditors, leading to contested probate proceedings. When this happens, the legal process can become complex and emotionally charged. In this guide, we will explore the key aspects of contested probate proceedings in New York, offering insights into the reasons for disputes, the legal framework, and strategies for resolution.

Understanding Contested Probate Proceedings

Contested probate proceedings occur when individuals or entities challenge the validity of a deceased person’s will or the administration of their estate. These disputes can arise for various reasons, including:

  • Lack of Capacity: Some may argue that the deceased person, also known as the testator, was not of sound mind when they created the will.
  • Undue Influence: Claims of undue influence often involve allegations that someone manipulated or pressured the testator into making changes to their will that were against their true wishes.
  • Forgery: When there are doubts about the authenticity of the will, claims of forgery may emerge.
  • Improper Execution: New York has specific requirements for how a will must be signed and witnessed. If these procedures were not followed correctly, the will may be contested.
  • Multiple Wills: Conflicts can arise when there are multiple versions of a will, and it’s unclear which one is valid.
  • Omitted Heirs: Disputes may occur if a person who should have been included in the will was omitted.
  • Disputes Among Beneficiaries: Beneficiaries may contest the will if they believe it is unfair or if there are ambiguities in the document.
  • Creditor Claims: Creditors may challenge the distribution of assets if they believe they are owed money from the estate.

The Legal Process in Contested Probate Proceedings

Contested probate proceedings in New York generally follow these steps:

  • Filing the Objection: The person contesting the will (the “objectant”) must file an objection with the Surrogate’s Court in the county where the deceased person lived or held property. They must state the grounds for their objection.
  • Discovery: Both sides gather evidence, which may include documents, witnesses, and expert testimony.
  • Mediation and Settlement: In some cases, mediation or settlement discussions can resolve the dispute without the need for a trial.
  • Pre-Trial Proceedings: The court may hold hearings and make decisions on various matters, such as the admissibility of evidence.
  • Trial: If there is no settlement is reached, the case can proceed to trial. The judge will ultimately decide the validity of the will.
  • Appeals: Either party may appeal the judge’s decision if they believe there were legal errors during the trial.

Strategies for Resolution

Contested probate proceedings can be emotionally and financially draining for all parties involved. To increase the chances of a satisfactory resolution, consider these strategies:

  • Open Communication: Try to maintain open and respectful communication with other interested parties to explore potential compromises.
  • Mediation: Mediation can be a less adversarial way to resolve disputes and can help all parties find common ground.
  • Legal Counsel: Seek the guidance of an experienced probate attorney who can navigate the complexities of New York probate law.
  • Gather Evidence: Compile strong evidence to support your case, whether you are contesting the will or defending it.
  • Consider Settlement: Weigh the pros and cons of a settlement, as it can often save time, money, and emotional distress.


Contested probate proceedings in New York are not uncommon, and they can be emotionally taxing and legally complex. If you find yourself in such a situation, it’s crucial to understand the reasons for the dispute, follow the legal process carefully, and consider strategies for resolution. Consulting with an experienced probate attorney is often the first step towards a fair and just outcome in contested probate proceedings.

For more information, please contact NYC Probate Litigation, Guardianship, NYC Probate and Estate Planning attorney Regina Kiperman:

Phone: 917-261-4514
Fax: 929-556-2089

Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005

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This page is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.

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