When a loved one passes away, disputes can sometimes arise over the validity of their Last Will and Testament. In New York, Wills are admitted to probate in Surrogate’s Court, but not all Wills are accepted without question. If you believe a will should not be admitted to probate, you may have the right to file a petition to deny probate.
What Is a Petition to Deny Probate?
A petition to deny probate is a legal challenge to the validity of a Will that has been offered for probate. The person filing the petition—called the objectant—asks the Surrogate’s Court to refuse to admit the Will on specific legal grounds.
You can use the same Surrogate’s Court Forms and just insert that you are looking to Deny probate to the Will and request issuance of letters of administration and Temporary Letters of Administration.
Common Grounds for Objecting to a Will or Filing a Petition to Deny Probate
In New York, the most common reasons to contest a will include:
- Lack of Testamentary Capacity: The testator (person who made the will) did not understand the nature of their assets or the consequences of their decisions at the time the will was executed.
- Undue Influence: The testator was pressured or manipulated by another person into signing the will.
- Fraud: The will was signed based on false information or trickery.
- Improper Execution: The will was not properly signed and witnessed in accordance with New York law.
Who Can File a Petition to Deny Probate?
Under SCPA § 1402, certain individuals have the legal right to participate in probate proceedings and, if appropriate, file a petition to deny probate. This includes:
- Persons named as beneficiaries in a prior will
- Heirs at law (distributees) who would inherit if there were no valid will
- Fiduciaries or guardians with an interest in the estate
- Creditors in some circumstances
In short, anyone with a legal interest in the estate under SCPA § 1402 has standing to object to the will’s admission to probate.
The Probate Objection Process
- Citation Issued: When a will is offered for probate, the court issues a citation notifying interested parties of the proceeding.
- Objections Filed: If you believe the will is invalid, you must file written objections within the time allowed, often after a preliminary examination of the nominated executor and witnesses (called SCPA 1404 examinations).
- Discovery and Litigation: If the case proceeds, it may involve depositions, document requests, and possibly a trial before a judge.
- Resolution: The court may deny probate, uphold the will, or the parties may reach a settlement.
Do I Need an Attorney to File a Petition to Deny Probate?
Challenging a Will can be legally and emotionally complex. If you’re considering filing a petition to deny probate, it’s critical to consult with an experienced New York estate litigation attorney. A skilled lawyer can evaluate your claim, preserve your rights, and guide you through the Surrogate’s Court process.
Contact Us
If you have concerns about the validity of a Will, want to Petition to Deny Probate, or are involved in a contested probate matter, contact RK Law, P.C. today. We represent clients in Surrogate’s Courts across New York and are here to help you protect your interests.
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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