When probate is contested here in Queens, NY, the Surrogate Court resolves the dispute. Your probate lawyer will help you prepare your case, negotiate for you, and represent you in court. If you need help with a contested probate matter, call DeCandido & Azachi, PLLC at 347-808-5746 or contact us online to schedule a consultation.
Contested Probate in Queens, NY
Once someone passes away, their estate goes into probate and notice is sent to everyone involved in the estate. Once you get that citation, you have a limited window to decide your position.
If you’re concerned about the validity of the will or whether the named executor is competent, take the will to your lawyer and review it. Gather any documents or information you already hold about the decedent’s intentions or capacity at the time the will was signed. You can also call 347-808-5746 or contact us if you need guidance before the objection deadline passes.
Filing a Formal Objection
If you object to something about the will, you’ll file verified objections with the court. These must state the specific legal grounds you’re using to object, and they must be served on all other parties to the probate proceeding.
Within thirty days, the proponent of the will must present a citation so these objections become part of the official record. Nothing happens until that citation is issued, and this filing officially turns the matter into a litigated proceeding. The court then sets a schedule for the rest of the case.
Discovery and Exchange of Information
After objections are properly before the court, both sides exchange documents and conduct depositions to discover all information the other side intends to use in the proceedings. You can request bank records, medical files, or prior drafts of the will, among other things, and your lawyer will help you determine what to ask for.
This phase is designed to uncover facts that can support or weaken each side’s position, and it frequently leads to settlement talks. If you are unsure what evidence may matter in your probate dispute, call DeCandido & Azachi, PLLC at 347-808-5746 or contact us online.
Settlement Conferences and Mediation
Most judges will want to schedule one or more pretrial conferences to discuss a possible resolution, as it’s always preferable when the interested parties can come to a compromise rather than dragging the whole thing out in court.
You and the other parties attend with your attorneys, and the judge or a court attorney referee will encourage you to have an open discussion of the strengths and weaknesses of your respective claims. Many cases settle at this stage because everyone sees the costs and time a full trial is going to demand.
Trial and Final Resolution
If you can’t reach a settlement, then the court sets a trial date. The Surrogate Court or a referee will then hear the case and issue a decision on whether the will is valid. Once the decision is final, the court can issue letters testamentary to the executor of the estate or otherwise continue with administration of the estate.
Appeals are possible, but you must appeal quickly. If you wait too long, you may lose the right to bring an appeal at all.
If you’re dealing with any kind of probate situation, contact DeCandido & Azachi, PLLC for a free consultation. Call 347-808-5746 or contact us through our website. We serve clients in the Queens, NY area from our Forest Hills office as well as clients in Texas from our Plano, TX office.
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