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Estate Litigation Timeline
Estate litigation is the process of resolving disputes over a deceased person’s assets, and it is a common occurrence in New York City. If you are involved in an estate dispute, whether you are the fiduciary defending your handling of the estate or a beneficiary challenging it, it helps to understand the sequence the case will follow and how long each part of it usually takes.
The stages of an estate litigation
Starting the litigation
The first step is the commencement of the proceeding, typically by filing a petition with the Surrogate’s Court. The petition states the grounds for the dispute and the relief being sought. Once it is filed, the court issues a citation to all interested parties. It is important not to delay filing, so that no deadline is missed.
Filing of objections
Interested parties have a limited amount of time to file objections to the petition. The objections, too, must state the grounds for the dispute and the relief sought. The parties may also request a discovery conference to arrange the exchange of information about the estate.
Discovery and depositions
Discovery is the process by which the parties obtain information from each other: requests for documents, interrogatories (written questions), and depositions (oral testimony under oath). Depositions can be particularly important in estate litigation, because they let the parties question witnesses and obtain evidence.
Settlement
Settlement, often reached through mediation, in which a neutral third party helps the parties come to terms, can be a cost-effective way to resolve an estate dispute without going to trial. If the parties reach a settlement, they sign a written agreement.
Trial
If the parties cannot reach a settlement, the case goes to trial. Each side presents its evidence and argues its case, and the judge or jury makes a decision and the court issues an order.
Appeals
A party unhappy with the decision can appeal. An appeal is a review of the trial court’s decision by a higher court, and it can take several months or even years, depending on the complexity of the case.
Enforcement
If the court issues an order in favor of one party, the other party must comply with it. If they do not, the winning party may need to take additional legal action to enforce the order.
How long all of this takes is affected by the complexity of the case, the number of parties involved and the availability of the court. The best way to manage the timeline is to start early, since the sooner the process starts the sooner it resolves; to be prepared, since preparation shortens every stage; to keep your attorney informed of developments and answer his questions promptly; and to be patient, because estate litigation is a long process and it has to be allowed to take its course.
Typical timelines by case type
Different types of estate litigation have different typical timelines. The ranges below are approximate.
| Case type | Typical range | What drives it |
|---|---|---|
| Uncontested probate or administration | 6 to 12 months from petition to closing of the estate | The “litigation” here is procedural, getting through the court process rather than a substantive dispute. |
| Will contest with SCPA 1404 examinations but no formal objections | 6 to 9 months from petition to resolution | The examinations may answer the contestant’s questions or reveal that the case lacks merit. |
| Contested probate with formal objections | 18 months to 3 years from petition to decree | Discovery, motion practice and possibly a trial all add time, depending on complexity. |
| Accounting proceeding with objections | 1 to 2 years from petition to decree settling the account | Line-by-line review of the fiduciary’s account and the objections to it. |
| Kinship proceeding | 1 to 3 years | The complexity of the family tree and the availability of records. |
| Construction or reformation proceeding | 6 to 12 months | Often shorter than a full contest because the issues are more legal than factual. |
| Removal proceeding | 6 to 18 months | Whether the trustee or executor contests the removal. |
| Appeal | 12 to 24 months from notice of appeal to appellate decision | The appellate court’s briefing and argument schedule. |
Factors that extend timelines
Several things commonly stretch an estate litigation. Every additional party adds time for service, discovery and the coordination of schedules, and out-of-state or international parties take longer to serve and depose. Obtaining medical records from many providers, particularly for an elderly decedent, takes time. Each expert witness, whether medical, financial or valuation, adds time for selection, retention, work product and depositions.
Discovery disputes, such as motions to compel and protective orders, can substantially extend a case. Some Surrogate’s Courts have significant backlogs that delay hearings and decisions. Active settlement discussions sometimes stall procedural progress while the parties negotiate. And if a party dies during the litigation, that party’s estate has to be substituted in, which adds still more time.
Factors that shorten timelines
Cases move faster when the parties settle early, once the strengths and weaknesses of the case have become clear; when discovery is cooperative; when the number of issues in dispute is limited; when strong dispositive motion practice resolves issues without a trial; when the court manages the case actively; and when experienced counsel on both sides know how to move a case efficiently.
The cost-time trade-off
Estate litigation involves a constant tension between cost, time and outcome. Spending more time and money on a case may produce a better result, but at some point the marginal benefit of additional work declines while the cost keeps accumulating. Deciding where to invest effort matters, and the same decisions come up in almost every case.
| Decision | The trade-off |
|---|---|
| How much discovery to conduct | More discovery produces better information but costs more. |
| Whether to engage experts | More experts strengthen the case but add cost. |
| How aggressively to push motion practice | More motions can resolve issues, or simply delay. |
| When to negotiate seriously toward settlement | An earlier settlement is cheaper but may produce less favorable terms. |
| Whether to go to trial | Trial is the most expensive option with the most uncertain outcome. |
What to do while the case is pending
While the litigation is pending, the practical side of the estate does not stop. Estate or trust assets have to be maintained, because carrying costs continue regardless of the litigation. Some beneficiaries may need preliminary distributions or financial support during the case. Estate income tax returns, estate tax returns and other tax obligations may come due whatever the status of the litigation. Family members who are not parties often want updates. And litigation is stressful, so looking after your own welfare during a long case matters.
Communicating with your attorney
The client who gets the most out of the process responds promptly to document requests and information needs, provides complete and accurate information, asks questions when something is unclear, discusses strategy at the major decision points, reviews pleadings, motions and other key documents before they are filed, stays informed about court appearances and significant developments, and discusses settlement opportunities openly.
Understanding the timeline helps you prepare for what lies ahead. If you are involved in an estate dispute, on either side of it, call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. His extensive knowledge and experience make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
