Contesting a Will in New York
When someone dies in New York, their will must go through probate in the Surrogate's Court. If you feel that someone is filing an invalid will, you can intervene in the probate process and file a will contest.
Important Deadlines Right at the Start
The most important step in a New York will contest is showing up at the initial Surrogate's Court hearing. You can find out the date of the hearing by calling the Surrogate's Court of the county where the deceased person lived. The time is usually 9:30 am. Missing this hearing means losing your chance to contest the will.
The second most important step in the process is to timely file objections to the will. The deadline to file objections to the will is within 10 days after the SCPA 1404 examinations of witnesses and attorney to the will. Missing that deadline to file objections can mean losing your chance to contest the will.
So to recap, if you want to contest a will in New York, don't miss the first hearing and don't miss the deadline to file objections.
Critical First Steps in a New York Will Contest:
- Get the hearing date from the correct Surrogate's Court
- Appear at that court before 9:30 AM on the scheduled day
- Tell the court you're filing a will contest
Missing the initial hearing means losing your chance to contest the will.
Contesting a will in New York is a complex legal process that requires careful preparation and strategy. With the right approach and legal guidance, you can effectively challenge a will that you believe to be invalid. Our experienced will contest attorneys understand the nuances of New York probate law and have successfully represented clients in will contests throughout the state. We can help you navigate through each step of the process, from the initial court appearance to the final resolution of your case.
New York Will Contest Essentials
Before starting a will contest in New York, it's important to understand the state and local requirements and timeline. The process varies somewhat by county, but generally follows these guidelines:
- Initial Deadlines: You must appear at the first hearing and later file objections within 10 days after completing the SCPA 1404 examination
- Filing Fees: $75 for the objections, another $75 for a jury demand, if you're requesting a jury
- Typical Timeline: Most NYC will contests take at least a year, and many can take a number of years
- Requirements: You must have both legal standing and valid grounds to contest.
Typical Grounds for Contesting a Will in New York
In New York, there are specific legal grounds for contesting a will. The most common grounds are:
- Lack of Testamentary Capacity. The person making the will did not understand the effect of the will.
- Undue Influence. Someone improperly pressured or influenced the person into making or changing their will
- Improper execution. The will wasn't properly signed and witnessed according to New York law
There are also objections for fraud, forgery and revocation.
New York Will Contest Timeline
Contesting a will in New York involves several critical phases:
-
1
Initial Probe
- Appear at the first hearing and declare your intention to contest the will
- Examine will witnesses and attorney preparer under oath (SCPA 1404)
- Review medical records if capacity is questioned
- Gather evidence of undue influence or fraud
-
2
Filing Objections
- You must file the objections within 10 days after SCPA 1404 examination
- Requires specific grounds (capacity, influence, lack of execution, etc.)
- Missing this deadline forfeits your rights
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3
Discovery & Settlement
- Exchange of documents and information
- Depositions of key witnesses
- Court-supervised settlement conferences
- Possible mediation (varies by county)
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4
Trial
- Many cases in New York get resolved before trial
- If settlement fails, case proceeds to trial
- You may end up with a jury trial but most will contest trials in New York are bench trials (judge only)
- Expert witnesses sometimes required (medical experts, handwriting analysts)
Most will contests in New York take 12-18 months to fully resolve, though complex cases may take longer.
Who Can Contest a Will in New York
New York law restricts who can challenge a will. You must have "standing" - meaning you would receive more either under a previous will or under New York's intestacy laws. Standing typically applies to:
- Relatives: Relatives who would inherit under New York's intestacy law if there was no will
- Prior Beneficiaries: People who received more under an earlier will than under the current will
Being excluded from a will alone doesn't give you the right to contest - you must prove you would receive more under a previous will or under intestacy.
Understanding SCPA 1404 Examinations
The SCPA 1404 examination is a crucial pre-objection discovery tool that New York law provides for will contests. This process allows you to:
- Question the will's witnesses and attorney who drafted the will about the execution of the will and other circumstances
- Request and review the deceased person's medical records
- Obtain drafts of the will and related documents
- Investigate the deceased person's mental state when the will was made
Strategic Importance: The examination helps you gather evidence before deciding whether to file formal objections. It's often your only chance to question witnesses under oath before committing to a will contest.
Handling Will Contest Proceedings
Successfully challenging a will in New York requires strategic decision-making at each phase of the process:
Will Contest Strategy Flow
Initial Assessment Phase
Review the will, gather evidence, consult attorney, attend initial hearing
Evidence Gathering
SCPA 1404 examinations, obtain medical records, review prior wills
Choose your approach to see what happens next:
Feel Free to Press a Button
Settlement Approach Process
- Focus on negotiation with the will's proponents early in the process
- Use evidence gathered during SCPA 1404 examinations as leverage
- Consider mediation with a neutral third party facilitator
- Propose compromise solutions like partial distributions or specific bequests
- Have attorney draft formal settlement agreement with clearly defined terms
Settlement typically results in faster resolution (3-6 months), lower legal costs, and guaranteed partial inheritance without the risks of trial.
Implementation
Court approves settlement, modified distributions made according to agreement terms
Key Will Contest Considerations
Evidence Quality Is Critical: Medical records, witness testimony, and documentation of undue influence are the foundation of a successful contest
Timing Is Essential: Missing deadlines for initial appearance or objection filing can permanently forfeit your rights
Most successful will contests in New York involve a strategic combination of both approaches: preparing thoroughly for litigation while simultaneously pursuing settlement negotiations.
New York Will Contests Costs & Timeline
Timeline Factors
Will contests in New York can range in time from about a year to a few years. Complex cases may take many years. Factors that affect the duration include:
- Court backlog in your specific county
- Complexity of the estate and number of parties involved
- Whether parties are willing to engage in settlement discussions
- Need for expert witnesses and their availability
Typical Costs
- Court Fees: Minimal, $75-$150
- Attorney Fees: Attorney fees vary by the experience and reputation of the attorney or firm. Typical will contest attorney fees in NYC and other major cities area are about $500 per hour on average. A retainer deposit of at least $5,000 is required to get started. Attorneys' fees in a will contest in New York can add up to tens of thousands of dollars.
- Filing Costs: No filing costs in the Surrogate's Court except the above
- Expert Fees: If needed, typically $2,000-$5,000, could be more for a top expert.
For a more detailed breakdown of all potential costs involved in contesting a will, see our comprehensive guide: How Much Does It Cost to Contest a Will?
Contesting a Will
When you believe a will is invalid and want to challenge it, here are the key considerations and strategies:
Standing Requirements
Before contesting a will in New York, you must have legal standing, meaning one of the following must apply to you:
- You're named in the current will but would receive more under a prior will
- You're an intestate heir who would inherit if there was no will
- You were named in a prior will but excluded from the current will
- You have a legal interest that would be adversely affected
Valid Contest Grounds
Successful will contests typically rely on these grounds:
- Lack of testamentary capacity (mental ability to make a will)
- Undue influence by someone who manipulated the testator
- Improper execution (not following NY's strict witness requirements)
- Fraud or forgery in the creation of the will
- Revocation (a later will or revocation document exists)
Evidence Collection
Critical evidence to gather for your contest:
- Medical records showing the testator's mental condition
- Witness testimony about the testator's state of mind
- Documentation of pressure or manipulation by others
- Prior wills showing significant unexplained changes
- Expert witness reports (medical experts, handwriting analysts)
The SCPA 1404 examination process provides a crucial opportunity to collect evidence from witnesses and the attorney who prepared the will.
Defending a Will
If you're a beneficiary or executor facing a will contest, these defensive strategies can help protect the validity of the will:
Legal Defenses
Effective strategies to defend against will contests:
- Challenge the contestant's legal standing to bring the case
- Demonstrate the testator had sufficient mental capacity
- Show proper execution with witnesses and formalities
- Establish testator acted independently without undue influence
- Invoke in terrorem (no-contest) clauses if present in the will
Protective Measures
When defending a will, gather these supportive elements:
- Testimony from the drafting attorney about the testator's condition
- Medical opinions confirming sound mind at time of execution
- Witness accounts of the testator's clear intentions
- Documentation showing absence of pressure or manipulation
- Evidence of consistent estate planning intentions over time
Settlement Considerations
Important factors to consider when defending:
- Litigation costs vs. value of the contested bequest
- Emotional toll and family relationships
- Probability of successful defense
- Potential for compromise solutions
- Time frame for resolution (often 1-3 years if fully litigated)
New York Surrogate's Courts
Each NYC borough has its own Surrogate's Court where will contests are filed and heard. You must file in the court where the deceased person lived. Here's where to file in each borough:
31 Chambers Street
Phone: (646) 386-5000
2 Johnson Street
Phone: (347) 404-9700
88-11 Sutphin Boulevard
Phone: (718) 298-0500
851 Grand Concourse
Phone: (718) 618-2300
18 Richmond Terrace
Phone: (718) 675-8500
For those in the counties surrounding New York City, here are the Surrogate's Courts where will contests are filed:
262 Old Country Road
Mineola, NY 11501
Phone: (516) 571-1500
320 Center Drive
Riverhead, NY 11901
Phone: (631) 852-1713
111 Dr. Martin Luther King Jr. Blvd
White Plains, NY 10601
Phone: (914) 995-3100
Frequently Asked Questions
What percentage of contested wills are successful?
In our experience, about two-thirds of all will contests are successful in that they result in the contestant receiving more than they would have without the will contest.
What are the most common grounds for contesting a will?
The most common grounds for contesting a will are undue influence, lack of capacity and lack of due execution. In New York, lack of due execution is an easier ground to win than in many other states. That is because New York has many will execution requirements that other states do not.
What qualifies as contesting a will?
Showing up at the first hearing, and subsequently filing timely objections to the will qualifies as contesting a will. Getting more than you would have without the will contest qualifies as success.
What invalidates a will in NY?
A will in NY is not valid until it's admitted to probate. So if you successfully prevent a will from being admitted to probate, you have effectively invalidated it. But you do not have to completely invalidate a will in order to be successful in a will contest.
Is contesting a will stressful?
Stress is a state of mind. Having said that, any litigation can be a stressful experience, including will contests.
What is undue influence in a will?
Undue influence is exerting pressure on someone to make a will to the point that the person made a will that they did not necessarily want to make. What exactly is undue influence varies on a case-by-case basis - it's a fluid concept.
How to contest a will in New York?
To contest a will in New York, you have to show up at the first hearing, examine the attorney who drafted the will and the witnesses to the will, obtain and review evidence that you are entitled to, file timely objections to the will, conduct negotiations and settlement and possibly a trial.
Can a will be contested if a sibling is left out?
A sibling who is left out can file a will contest. To win or obtain a favorable settlement, the sibling would have to show that they have sufficient grounds to contest the will.
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