Probate Litigation – Frequently Asked Questions (FAQs)

Probate litigation is the legal process of resolving disputes that arise during the administration of an estate in New York Surrogate’s Court. Common issues include challenging the validity of a will, disputes over property ownership, allegations of fiduciary misconduct, and disagreements about how assets are being accounted for or distributed.
At RK Law PC, our probate litigation attorneys handle a full range of matters, including:

Will contests
Turnover proceedings (SCPA 2103 and 2104)
Fiduciary removal proceedings
Contested accountings

A will contest is a challenge to the validity of a deceased person’s will. In New York, interested parties (beneficiaries under the current or prior will, or individuals who would inherit if there were no will) may contest a will by filing objections in Surrogate’s Court.
Grounds for challenging a will include:
Lack of testamentary capacity

Undue influence

Fraud or duress

Improper execution (failure to comply with New York’s formal will requirements)

Our firm has extensive experience defending and prosecuting will contests throughout New York City, Brooklyn, Queens, Bronx, Staten Island, and Long Island.

Turnover proceedings (also called SCPA 2103 and 2104 proceedings) are used to recover property or assets that rightfully belong to an estate. These actions may be brought by an executor, administrator, or other fiduciary when they suspect that someone is withholding or has wrongfully taken estate assets.
Examples include:

Joint accounts wrongfully claimed by another person
Property transferred out of the estate prior to death without consent
Misappropriation of estate funds

Our probate litigation team at RK Law PC regularly handles turnover proceedings to safeguard estate property for rightful heirs and beneficiaries.

In New York, fiduciaries (executors, administrators, or trustees) have a legal duty to act in the best interest of the estate and its beneficiaries. If a fiduciary mismanages estate assets, delays administration, or engages in self-dealing, interested parties may petition the Surrogate’s Court to remove them.
Common grounds for fiduciary removal include:
Conflict of interest

Failure to provide required accountings

Breach of fiduciary duty

Fraud or misconduct

RK Law PC advocates for beneficiaries seeking removal of unfit fiduciaries and also defends executors and administrators facing removal petitions.

A contested accounting occurs when beneficiaries or other interested parties object to the fiduciary’s formal accounting of the estate. Issues may include:
Improper expenses or fees

Failure to collect all estate assets

Incorrect distributions

Questions about missing property

Our attorneys can help file objections to an accounting or defend a fiduciary against accounting challenges.

The duration of probate litigation depends on the complexity of the case and the willingness of parties to settle. Will contests and fiduciary disputes can last several months to several years, particularly if the matter goes to trial. Our attorneys focus on resolving disputes as efficiently as possible, while aggressively protecting your rights.

Yes. Probate litigation in New York Surrogate’s Court involves strict procedural rules and deadlines. An experienced probate litigation attorney can evaluate your case, gather evidence, file petitions, and represent you at hearings and trials. At RK Law PC, we are dedicated to guiding clients through every stage of the process with personalized attention.

Our firm has decades of experience in complex probate and estate litigation matters throughout New York. We handle cases involving:

Will contests

Turnover proceedings

Fiduciary removal proceedings

Contested accountings

We understand the emotional and financial stakes involved and will work tirelessly to protect your rights and the integrity of your loved one’s estate.