Probate Dispute Attorney in New York & New Jersey

Common Types of Probate Disputes in New York

• Executor Misconduct — Executors have legally enforceable duties: inventory assets, pay valid debts, file estate tax returns, preserve estate property, and distribute to beneficiaries without favoritism or self-dealing. When they fail — by delaying the estate, selling assets below market to connected parties, commingling estate funds with personal accounts, or simply ignoring beneficiaries — they can be removed and surcharged.
• Creditor Claim Disputes — Creditors who file claims against a deceased person's estate must follow strict procedural requirements. Executors and beneficiaries have the right to object to claims that are inflated, time-barred, duplicative, or unsupported by documentation. An aggressive response to creditor claims can preserve significant estate assets.
• Will Interpretation Disputes — Ambiguous will language creates disputes. When a will says "my children" but the decedent had both biological children and stepchildren, or refers to property by a name that doesn't match any asset in the estate, the court must interpret what the testator intended. These proceedings require careful analysis of the will's language, the estate's assets, and the surrounding circumstances.
• Accounting Objections — An executor is required to file a formal accounting of all estate assets, income, and expenditures before the estate closes. Beneficiaries have the right to object to an accounting that is incomplete, inaccurate, or reflects self-dealing. Accounting proceedings can surface misconduct that isn't otherwise visible to beneficiaries.
• Executor Removal — New York Surrogate's Court has authority to remove an executor for cause — including waste of estate assets, failure to proceed with administration, conflicts of interest, felony conviction, or incapacity. A removed executor may also be surcharged for losses caused by their misconduct.

Executor Duties Under New York Law

An executor's obligations under the New York Surrogate's Court Procedure Act (SCPA) and EPTL include: filing the will for probate, obtaining letters testamentary, inventorying all estate assets, notifying creditors, paying valid claims, filing estate and income tax returns, and distributing the remaining estate to beneficiaries within a reasonable time. Delays of more than 18 months without good cause are presumptively problematic. If your estate has been open for years without distribution, something is wrong.

New York vs. New Jersey Probate Law

New York's probate process is governed by the SCPA and administered in each county's Surrogate's Court. New Jersey uses a different system: wills are initially probated at the county Surrogate's office, with disputes handled in the Chancery Division of the Superior Court (Probate Part). Deadlines, notice requirements, creditor claim procedures, and executor duties differ between states. We are licensed in both and can advise on the correct forum for your dispute.