If no one shows up on the return date and files an objection to probate, the will will proceed to probate unopposed. At that time anyone objecting would file his (or her) objection in writing. Any interested party who wishes to contest the will must appear in the appropriate Surrogate’s Court on the date indicated or have their New York will contest lawyer appear for them. The notice will include the date, time, and place when the will will be presented for probate. These individuals will receive a notice of the probate proceeding. In the petition, the executor is required to include the name and address of each beneficiary named in the will, beneficiaries under a prior well, as well as the names of family members-whether or not they are beneficiaries. A probate proceeding is initiated when the executor files the will along with a petition for probate. However, the process is actually filing an objection to probate. The procedure to contest a will is commonly referred to a will contest or a will challenge.
Whether you are a beneficiary, heir or an executor, to learn more about New York’s procedure to invalidate a will, contact an experienced New York will contest lawyer who will ensure that your legal rights are protected throughout the case. However, those who have an interest in the estate and who have insight into the family dynamics and circumstances surrounding the drafting and execution of the will have the right to challenge the executor’s petition valid. Upon review of the will, the court may not have reason to believe that it is invalid. However, just because the executor says the will is valid and submits it to the Surrogate’s Court does not mean that it is indeed valid. In petitioning the court to admit a will to probate, the petitioner (the executor) is telling the court that the will is valid and that it should be probated. When someone passes away having executed a will, the first step in the process of initiating probate and settling his (or her) estate is for the executor nominated in the will to file the original will with the New York Surrogate’s Court in the county in which the decedent was domiciled at the time of his death, and request that the court admit it to probate. In New York a will challenge or will contest is a legal action that takes place in the Surrogate’s Court during which someone files an objection to a will that has been submitted to the court for probate.
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