NYC Probate & Will Contest Attorneys

When a loved one dies and the family does not agree, probate stops being paperwork and becomes a fight. At our New York City practice, we represent the people caught in those fights: the child cut out at the last minute, the spouse who suspects undue influence, the executor accused of self-dealing, and the heir who simply wants the will read honestly. We work in Surrogate’s Court across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, and we focus on the contested side of probate.

What Probate Looks Like When the Family Disagrees

In New York, a will is admitted to probate in the Surrogate’s Court of the county where the decedent lived. The named executor petitions the court, and every distributee, the people who would inherit if there were no will, must receive notice and the chance to object. When relationships have frayed, that notice is the moment a quiet disagreement turns into a formal contest. Objections are filed, the parties take SCPA 1404 examinations of the witnesses and the attorney who drafted the will, and the court decides whether the document truly reflects the decedent’s wishes.

The Disputes We Handle

Our work centers on conflict. We bring and defend will contests grounded in lack of testamentary capacity, undue influence, fraud, duress, and improper execution under EPTL 3-2.1. We litigate the spousal right of election under EPTL 5-1.1-A, which lets a surviving spouse claim roughly one-third of the net estate even when a will leaves less. We pursue and defend accountings when a fiduciary’s bookkeeping does not add up, and we petition to remove executors and administrators who breach their duties. We also handle kinship disputes, where the court must decide who the true heirs are.

Why New York Law Matters Here

New York probate runs on two statutes: the Estates, Powers and Trusts Law (EPTL), which says who inherits and what rights a spouse and children have, and the Surrogate’s Court Procedure Act (SCPA), which controls how the case moves through the court. A surviving spouse’s elective share, the rules for a missing or invalid will, and the deadlines for objecting are all defined there. We build every case on these rules, never on out-of-state doctrines that do not apply in a New York Surrogate’s Court.

Smaller Estates and Faster Paths

Not every estate needs full probate. Under SCPA Article 13, an estate with limited personal property and no real estate can often be settled through voluntary, or small estate, administration, a streamlined process handled by a voluntary administrator. We help families decide whether this lighter path fits their situation, and whether a dispute is brewing that makes the formal route safer.

Planning That Prevents the Next Fight

Many contests trace back to documents that were never updated or never properly signed. We counsel families on revocable living trusts, the New York statutory durable power of attorney under GOL 5-1501, and the health care proxy, so the next generation does not end up in the courtroom we just left.

Talk With a New York Attorney

Every estate is different, and the facts that decide a will contest are specific to your family. This page is general information, not legal advice. Before you act, consult a licensed New York attorney who can review your documents and the Surrogate’s Court rules that apply to your county. Reach out to schedule a confidential consultation.