Only a person with “standing” can contest a Will. Generally, these are the persons who would have inherited if the decedent died without a will, such as a child or spouse. The only other person that can contest a Will is a beneficiary in a prior Will. 

A photocopy of a Last Will and Testament may be offered for probate. The Surrogate’s Court Procedure Act requires that the petitioner meet the following three burdens in order to have a photocopy of the Will admitted to probate: (i) the decedent did not revoke the Last Will and Testament being offered to the Court, (ii) the Last Will and Testament was properly executed in accordance with New York law, and (iii) at least two witnesses can demonstrate that the photocopy is complete. 

If the decedent was a resident of New York, the probate laws of New York determine who will get the decedent’s personal property (wherever it was located) and the decedent’s real property located within New York. However, property owned by the decedent in another state is subject to that state’s laws in determining how the real property will be distributed. There will be probate in each state where there is real property, in addition to the home state.

Generally speaking, it is quite difficult to successfully challenge a decedent’s Will which has been offered for probate. There are several legal grounds for contesting the probate of a Will, which include:
a) Defective Execution- the formalities and requirements of the Will signing “ceremony” were not adhered to;
b) Valid Revocation- the will being offered for Probate was validly revoked by the testator;
c) Lack of Testamentary Capacity- the testator was not of sound mind when the Will was executed;
d) Undue Influence- the testator was coerced by …

Estate planning focuses on the disposition of your assets after your death, but it can also involve planning for the use of your assets for your care if you become unable to manage your own affairs during your lifetime. When planning your estate, it is easy to make mistakes that sabotage your goals and cause chaos for your family. Below are some of the most common estate planning mistakes and oversights that later can cause chaos for your family. These can be avoided by seeking the guidance of an attorney who specializes in the field of estate planning.

What if the New York Decedent Left No Will? If someone dies without a will (and has not used any other legal method to transfer property at death, such as a trust), the person had died intestate. The distribution of an intestate estate is governed by the law of New York State and is known as intestate administration.

Are Most Wills Admitted to New York Probate Without a Will Contest? Most Wills are admitted to probate without objection. Often, a dissatisfied family member says that he or she contest the probate of their relative’s Will. However, only certain individuals can object to the probate of a Will and only on certain grounds.

Not all property owned by the deceased is subject to probate. For example, life insurance will pass directly to the designated beneficiary and does not require probate unless the beneficiary is the insured’s estate or executor.

What is New York Probate? This post below is a brief overview of the probate process in New York and is not meant to be comprehensive, nor is it meant to be nor is it legal advice. The word “probate” is from the Latin “to prove.” Probate in New York is the legal process of proving the validity of an individual’s Last Will & Testament in Surrogates Court.