How to Contest a Will in New York: Legal Grounds, Process & Deadlines

Contesting a will in New York can be a complex and emotionally challenging process. Whether you believe the deceased’s will does not reflect their true intentions, someone created it under suspicious circumstances, or the document does not meet legal requirements, understanding how to challenge it properly is crucial. This guide walks you through the legal grounds, eligibility requirements, and the basic process for contesting a will in New York.

What Does It Mean to Contest a Will in New York?

Contesting a will in New York involves legally challenging its validity through the surrogate’s court. This formal process requires filing specific objections during probate, presenting evidence, and potentially participating in court hearings. It’s essential to understand that will contests aren’t merely about disagreeing with the distribution of assets; they involve proving specific legal grounds that invalidate the will itself.

Will contests typically occur during the probate process when the will is submitted to the court for validation and review. In New York, interested parties have a limited window to file objections after receiving notice that the will has been submitted for probate. A will contest is not merely expressing disappointment with your inheritance. It’s a legal challenge asserting that the document itself is invalid under New York law.

Grounds for Contesting a Will in New York

New York law recognizes several specific grounds for contesting a will. Understanding these grounds is essential before proceeding with a challenge, as courts will only invalidate wills when one or more of these legal standards are met.

Lack of Testamentary Capacity

For a will to be valid in New York, the testator (person making the will) must have possessed testamentary capacity at the time of signing. This means they must have:

• Understood they were creating a will
• Known the nature and extent of their property
• Recognized who would naturally inherit their assets (such as close family members)
• Comprehended how the will distributes its property

Medical conditions like dementia, Alzheimer’s disease, or other cognitive impairments may provide grounds for contesting a will if you can prove the testator lacked capacity when they executed the document.

Undue Influence

Undue influence occurs when someone exerts excessive pressure on the testator, effectively substituting their wishes for the testator’s own desires. This situation often involves a person in a position of trust or authority who benefits substantially from the will. Common scenarios include caregivers who isolate the testator from family members, threaten to withhold care unless the testator changes the will, exploit the testator’s dependency or vulnerability, and manipulate a testator who has diminished mental faculties.

Fraud or Forgery

A will procured by fraud or containing forged signatures is invalid under New York law. Fraud may occur when someone tricks the testator into signing a document they believe is something else, makes false statements that influence how the testator distributes assets, forges the testator’s signature or the signatures of witnesses, or alters the will after the testator and witnesses have signed it. These actions undermine the validity of the will and can lead to its invalidation in probate court.

Improper Execution

New York has strict requirements for properly executing a will. Under New York law, a valid will must be in writing, signed by the testator at the end of the document, and signed in the presence of at least two witnesses. Additionally, the testator must declare to the witnesses that the document is indeed their will. If these formalities are not followed, the will may be deemed invalid, regardless of the testator’s intentions.

Who Can Legally Challenge a Will in New York?

Not everyone has the legal right (or “standing”) to contest a will in New York. To have standing, you must be an “interested person” who would be directly affected financially by the will’s validity.

Individuals With Standing to Contest

Distributees (Heirs-at-Law) are the individuals who would inherit if there were no will. According to New York’s intestacy laws, the initial sequence of heirs-at-law is the surviving spouse, children or their descendants, parents (if there is no spouse or children), and siblings or their descendants (if there is no spouse, children, or parents).

Named Beneficiaries: Individuals who have an interest in the estate may include those listed in the current will, those the testator named in a previous will but later excluded, or those left with a reduced share in the current will.

Steps to File a Will Contest in New York Surrogate’s Court

Contesting a will in New York follows a specific legal process through the surrogate’s court. Understanding these steps is crucial for anyone considering a challenge.

1. Review the Will and Gather Evidence

Before formally contesting a will, it is important to thoroughly review the document and collect evidence supporting your grounds for contest. This process may include obtaining a copy of the will from the Surrogate’s Court, gathering medical records if you are contesting based on lack of capacity, collecting witness statements about the testator’s mental state or any suspicious circumstances, securing copies of previous wills if they exist, and documenting any evidence of undue influence or fraud.

2. Consult with an Estate Litigation Attorney

Will contests are complex legal proceedings that typically require specialized legal expertise. It is important to find an attorney experienced specifically in New York estate litigation, discuss the strength of your case and potential outcomes, understand the costs and timeline involved, and develop a strategic approach based on your specific circumstances.

3. File Objections to Probate

To formally contest a will in New York, you must file verified objections with the Surrogate’s Court. This filing sets out your specific reasons for challenging the will, such as lack of testamentary capacity, undue influence, fraud, or improper execution. It must be filed within the statutory deadline, typically within three months after you receive a citation from the court.

After objections are filed, all interested parties must be notified that objections have been made via a “citation.” The proponent of the objections must submit this citation to the court within 30 days of making the objections. The citation explains that the objections may be decided at a trial, hearing, or conference, and it warns people about the consequences of failing to appear. Anyone who receives the citation but does not appear will still be bound by the court’s decision or any settlement reached.

Filing objections and responding to citations are technical steps that can significantly affect the outcome of a contested probate case, so it’s wise to consult an experienced New York probate attorney before proceeding with objections or responding to them.

4. Discovery Process

After filing objections, both sides engage in discovery to gather evidence. This process may include depositions of witnesses, such as the will’s witnesses and the drafting attorney, requests for documents like medical records, financial statements, and communications, written interrogatories to the parties involved, and the potential examination of physical evidence.

5. Potential Settlement Negotiations

Many will contests are resolved through settlement rather than trial. This often involves mediation sessions with all interested parties, negotiations, and ultimately, court approval of any settlement reached.

6. Trial (If Necessary)

If a settlement isn’t possible, the case proceeds to trial in a surrogate’s court. The trial includes presenting evidence and witness testimony, and may also involve expert witnesses who can testify about the testator’s mental capacity or the authenticity of the will. After all evidence is presented, the judge renders a decision on the will’s validity. If any party is dissatisfied with the outcome, an appeals process is available.

Deadlines for Contesting a Will in New York

New York imposes strict deadlines for contesting wills. Missing these deadlines typically means permanently losing your right to challenge, regardless of the merits of your case.

Critical Timeframes to Remember:

• Citation Period: Objections must typically be filed within 3 months after receiving the citation (formal notice that a will has been submitted for probate).
• If No Citation Received: You generally have until the will is admitted to probate to file objections.
• After Probate: In limited circumstances, you may have up to 2 years after probate to contest if you weren’t properly notified.

New York vs. New Jersey Deadlines

For those near state borders, it’s important to understand the differences:

State	General Deadline	Special Circumstances
New York	3 months after citation	Up to 2 years if not properly notified
New Jersey	6 months after probate	Up to 4 months after discovering fraud

Exceptions to Deadlines

Limited exceptions to the usual deadlines exist, but they are rarely granted. These exceptions may include the discovery of fraud after the deadline has passed, improper or inadequate notice, the emergence of a previously unknown will after probate, or certain cases involving minors or incapacitated persons.

Risks of Challenging a Will in New York

Before contesting a will in New York, it’s essential to understand the potential risks and costs involved. Will contests can be lengthy, expensive, and emotionally draining processes with uncertain outcomes.

Potential Benefits

• Invalidating an improper will
• Ensuring the testator’s true wishes are honored
• Protecting vulnerable individuals from exploitation
• Exposing and remedying fraud or undue influence

Potential Drawbacks

• Legal fees ranging from $10,000 to $100,000+, depending on complexity
• The process can take 1-3+ years to complete
• Permanent damage to family relationships
• No guarantee of success, even with strong evidence
• Possible “no-contest” clause enforcement if you lose

Understanding No-Contest Clauses

Many wills contain “no-contest” clauses (also called in terrorem clauses) that disinherit anyone who challenges the will. In New York, these clauses are generally enforceable with some exceptions:

• The clause doesn’t apply if you contest with “probable cause,” which means you had a reasonable basis and good-faith belief that the will might be invalid.
• It doesn’t affect those who would receive nothing under the will anyway
• Certain types of proceedings (like compelling an accounting) don’t trigger the clause

When to Seek Professional Legal Help

Given the complexity and high stakes of will contests, professional legal guidance is almost always necessary. Here are situations when you should definitely consult with an experienced estate litigation attorney:

• You suspect that the testator lacked capacity when they signed the will.
• There are suspicious circumstances surrounding the creation of the will.
• A beneficiary had unusual influence over the testator.
• The will’s execution appears to have procedural irregularities.
• You were unexpectedly disinherited or received significantly less than expected.

Taking the Next Steps

Contesting a will in New York is a significant undertaking that requires careful consideration of legal grounds, standing, deadlines, and potential risks. While the process can be challenging, it serves an important purpose in ensuring that wills truly reflect the testator’s intentions and are created under proper legal circumstances.

If you believe you have legitimate grounds to contest a will, don’t delay in seeking professional legal advice. The strict deadlines in New York mean that hesitation could permanently forfeit your right to challenge, regardless of how strong your case might be. Don’t navigate this complex legal process alone. Our experienced estate litigation attorneys can evaluate your case, explain your options, and guide you through every step of contesting a will in New York or New Jersey.  Contact us or call us at (201) 273-9763.

Frequently Asked Questions: Contesting a Will in New York

What happens if you successfully contest a will in NY?

Successfully contesting a will in New York can result in the court invalidating either the entire will or only the provisions deemed invalid. When a prior valid will exists, it typically governs the distribution of assets. When no valid will exists, New York’s intestacy laws control the estate. These laws give priority to the surviving spouse and children, then to parents, siblings, and more distant relatives.

How much does it cost to contest a will in New York?

The cost of contesting a will in New York can vary widely depending on the complexity of the case, the size of the estate, and the level of dispute among beneficiaries. Expenses may include attorney’s fees, court filing fees, expert witnesses, and other litigation-related costs. Some cases resolve quickly and with minimal expense, while others may become prolonged and significantly more costly. Because each situation is unique, the best way to understand potential costs and options, including fee structures such as hourly billing, retainers, or, in rare cases, contingency arrangements, is to consult with an experienced estate litigation attorney who can assess your case.

How long do you have to contest a will in NY after the death of the testator?

In New York, the Surrogate’s Court starts the deadline to contest a will when it sends you a formal notice (citation) that someone filed the will for probate, not from the date of death. Typically, you have 3 months from receiving this citation to file objections. If you never received proper notice, you may contest the will for up to 2 years after the court admits it to probate. However, courts can strictly limit and narrowly interpret these exceptions.

Who Can Contest a Will in New York?

In New York, only certain individuals have the legal right, known as “standing,” to contest a will. To have standing, you must be financially affected by the outcome of the will. This generally includes “distributees,” or individuals who would inherit under New York’s intestacy laws if there were no will, such as spouses, children, or, in some cases, siblings and other close relatives. Additionally, someone named in a prior will who would receive more than they would under the current will may also have standing to contest the will. Being related to the deceased does not automatically give you the right to challenge the will; you must be able to show that the terms of the will directly impact your inheritance rights or financial interests.

This article is provided for general legal information only. It does not constitute legal advice and should not be relied upon for your specific situation. No opinion expressed herein may be used to avoid tax penalties or to promote or market any transaction or matter discussed. Legal advice can only be obtained after a thorough review of the facts of your situation with an attorney licensed in your state. No attorney-client relationship is established by this communication.