Handling Estate Litigation and Contested Wills
A will must be admitted to probate by the surrogate’s county court before any legality can take place over the will. In other words, the court decides if the will is valid. Once the will is validated, it must accurately reflect the desires of the testator.
Two witnesses must be present and sign in the presence of one another to validate a will in New York. The person creating the will must do so without any duress or influence; it must be done solely of free will.
To start the probate process, a petition with the court must be filed as well as the original will. The court will issue a decree granting probate as well as letters Testamentary to the Executor or Executors named on the will after all the issues are addressed and the jurisdiction is complete.
If anyone objects to the validation of the will, they can start a will contest by submitting objections to the probate.
The letters testamentary is the document that grants the executor the ability to administer the estate. The executor must take care of the inventory, taxes, paying debt, appraisals as well distributing as the will describes.
If you or a loved one needs to contest a will or litigate an estate, contact our dedicated Lawyers to guide you through the process of probate.