NY & NJ · Will Contest Attorneys
Will Contest Attorney in New York & New Jersey
Challenging or defending a will in New York or NJ? Our will contest attorneys know Surrogate's Court — and how to build the strongest case. Free consultation: 516-518-8586.
Licensed in New York and New Jersey. Schedule your free consultation today.
Your inheritance protected — we challenge wills tainted by fraud, coercion, or incapacity
Your valid will defended — we defeat meritless contests brought by disappointed heirs
Your case moved fast — Surrogate's Court filings handled same or next business day
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We assess grounds, standing, timeline, and the strength of the evidence
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NY or NJ Surrogate's Court filings handled same or next business day
Why This Can't Wait
What's at Stake
Understanding Your Options
What You Need to Know
Grounds to Contest a Will in New York
Recognized legal grounds under the New York Estates, Powers and Trusts Law (EPTL) include:
Who Has Standing to Contest a Will in New York?
Standing is limited to "interested parties" — those who would receive property either under a prior will or under the intestacy laws if the challenged will is thrown out. This typically includes spouses, children, grandchildren, and sometimes more distant relatives or prior beneficiaries. If you're not sure whether you have standing, that question can be answered in a free consultation.
What About Defending a Will?
Will contests aren't only brought by challengers. Executors, trustees, and named beneficiaries often need to defend a valid will from meritless objections filed by disgruntled family members. We represent both sides — building the case for challengers and dismantling unfounded challenges for defenders. The same depth of Surrogate's Court experience that helps us win contests helps us defeat them.
Our Process
What to expect when you work with us
1
Free Case Review
We assess your grounds, your standing, and the strength of available evidence — with no obligation.
2
Evidence Gathering
We obtain medical records, prior drafts, attorney communications, witness statements, and financial records.
3
File Objections
We file formal objections to probate in Surrogate's Court before any deadlines pass.
4
Discovery & Depositions
We depose witnesses, retain experts if needed, and build the evidentiary record for your case.
5
Negotiation or Trial
Most contested wills settle. If they don't, we take the case to a Surrogate's Court hearing — and we're ready.
Why Choose Us
What Sets Our Attorneys Apart
20+ Years in Surrogate's Court
We Represent Both Sides
Licensed in Both New York and New Jersey
Evidence Recovery Expertise
Client Stories
Families We've Represented
Names changed to protect client privacy.
Common Questions
FAQ
Answers to the questions we hear most.
What are the grounds for contesting a will in New York?
New York recognizes four primary grounds: lack of testamentary capacity (the testator didn't understand what they were signing or who their heirs were), undue influence (someone in a position of trust manipulated the testator), fraud (the testator was deceived or the document was forged), and improper execution (the will wasn't signed or witnessed according to EPTL § 3-2.1). Simply being unhappy with the distribution is not a legal ground.
Who can contest a will in New York?
Only "interested parties" have standing to file objections in Surrogate's Court. This includes people who would inherit under a prior will, and people who would inherit under the intestacy laws if the contested will were invalidated — typically a spouse, children, or other close relatives. More distant relatives may have standing in certain circumstances. If you're unsure whether you qualify, a consultation can answer that question quickly.
How long do I have to contest a will in New York?
The deadline is tied to the probate process. Once a will is filed for probate, Surrogate's Court issues a citation to interested parties, who then have a set period to file objections. The time window varies depending on how you were notified and your circumstances. Because these deadlines are strict and missing them can permanently waive your rights, you should contact an attorney as soon as possible — ideally before the will is admitted to probate.
What happens to the estate while a will contest is pending?
Estate assets are generally frozen during an active contest. The court may appoint a temporary administrator to preserve and manage estate property while the dispute is resolved. This means distributions to beneficiaries are delayed until the contest is settled or decided. This is one reason many contested will disputes end in negotiated settlements — all parties have an interest in resolution.
Can a will contest be settled without going to trial?
Yes — and the majority are. A negotiated settlement among the parties avoids the cost, delay, and uncertainty of a Surrogate's Court hearing. Our attorneys pursue favorable settlements aggressively, but we are fully prepared to take a case to a hearing if a fair resolution isn't achievable. The credibility of being willing to litigate often drives better settlement outcomes.
Can I contest a will if I was left out of it entirely?
Possibly, but it depends on your relationship to the decedent and whether you would inherit under a prior will or the intestacy laws. Spouses have specific protections under New York's elective share rules regardless of what the will says. Children who were completely omitted may also have claims depending on the circumstances. An attorney can assess your specific situation in a free consultation.
Our Offices
Serving New York & New Jersey
We have offices in Manhattan and Hackensack — convenient for families throughout the metro area.
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Don't navigate Surrogate's Court alone. Our estate litigation attorneys are available for a free, no-obligation consultation. Call 516-518-8586 or request a consultation online.
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