Probate Attorney · NY & NJ
Probate Proceedings Attorney in New York & NJ
Contested estate? Our probate proceedings attorneys represent executors and beneficiaries in New York Surrogate's Court and NJ Superior Court. Will contests, accountings, disputes. Free consultation: 516-518-8586.
Licensed in New York and New Jersey. Schedule your free consultation today.
Free consultation — no obligation, no upfront fees
Surrogate's Court experience — formal proceedings, hearings, and contested matters
Both sides of the table — we represent executors and beneficiaries
English, Español & Русский — speak in your language
Available Now · Free Consultation
Speak With an Attorney Today
Call for your free, no-obligation consultation — most calls answered immediately.
You Call Us
No phone maze — speak directly with our probate litigation team
We Assess the Dispute
We review the will, the estate, and the nature of the conflict before advising on strategy
We Schedule Same-Day
NY or NJ office — booked same or next business day
The Stakes Are High
What Can Go Wrong
A Will Can Be Invalidated — or Upheld — in Court
Wills are contested more often than most families expect. Allegations of undue influence, lack of mental capacity, and improper signing are common grounds. Without experienced representation, a legitimate will can be overturned, or a fraudulent one allowed to stand.
Executors Face Personal Surcharges
An executor found to have mismanaged estate funds, failed to account properly, or favored one beneficiary over another can be personally ordered to reimburse the estate. Formal court proceedings give beneficiaries the tools to challenge an executor's conduct — and give executors the protection of a court-approved record.
Unresolved Disputes Freeze the Estate
When beneficiaries object to a will, an accounting, or an executor's conduct, the estate cannot be distributed until the court resolves the dispute. Estates can remain frozen for years during contested proceedings, eroding value through carrying costs, legal fees, and family deterioration.
Procedural Deadlines in Surrogate's Court Are Unforgiving
The time to object to a will in New York is generally limited to the period between service of the probate citation and the return date — which can be as short as a few weeks. Missing a deadline in Surrogate's Court can permanently waive your rights as an interested party. If you have concerns about a will or an estate administration, call us before any court dates pass.
Understanding the Process
What Is Probate?
Not all estates require contested court proceedings — but when they do, the process looks far more like litigation than routine administration. Probate proceedings is the term for any formal action taken before the Surrogate's Court in New York or the Superior Court in New Jersey that requires a hearing, evidence, or judicial determination. These proceedings can arise at any point in the administration of an estate — and they can be initiated by executors, administrators, beneficiaries, or creditors.
The most common types of formal probate proceedings are will contests, in which an interested party challenges the validity of the will being offered for probate. But proceedings can also arise from an executor's failure to account, a beneficiary dispute over how assets should be distributed, a question about the identity of legal heirs, or a petition to remove a fiduciary who has acted against the estate's interests.
New York's Surrogate's Court has exclusive jurisdiction over all estate and trust matters in the state. Its rules and procedures are distinct from those of the civil courts, and attorneys who practice exclusively in Surrogate's Court develop specialized expertise that general litigators lack. Our attorneys appear regularly before the Surrogate's Court in New York County, Kings County, Queens County, Nassau County, and other jurisdictions throughout the state.
Common Types of Probate Proceedings We Handle
- Will contests — Challenging or defending the validity of a will on grounds of incapacity, undue influence, fraud, or improper execution. We represent both those contesting a will and executors defending its validity.
- Judicial accounting proceedings — Formal court review of an executor's or trustee's administration record, allowing beneficiaries to object before final distribution is approved by the court.
- Executor removal proceedings — Petitioning to remove an executor who has breached their fiduciary duty, mismanaged assets, or failed to administer the estate in a timely and impartial manner.
- Kinship hearings — Proving family relationships to establish heirship when a loved one dies without a will and family history is complex or disputed.
- Construction proceedings — When a will's language is ambiguous or disputed, the Surrogate's Court can hold a construction proceeding to determine what the testator intended.
- Citation proceedings — Compelling non-cooperative beneficiaries, creditors, or fiduciaries to appear before the court and respond to formal legal process.
NY Surrogate's Court — Key Proceedings Facts
Reference guide for executors & beneficiaries
| Proceeding Type | Who Can Initiate | Typical Timeline |
|---|---|---|
| Will Contest | Interested parties (heirs, disinherited parties) | 1–3 years if contested |
| Judicial Accounting | Executor or any beneficiary | 6–18 months |
| Executor Removal | Any interested party | 3–12 months |
| Kinship Hearing | Administrator or interested party | 6–18 months |
| Will Construction | Executor or beneficiary | 3–9 months |
| Citation Proceeding | Executor or petitioner | Weeks to months |
Deadlines in Surrogate's Court move fast. Get a free assessment of your situation before any return dates pass.
Call 516-518-8586How It Works
Our Process
1
Free Case Assessment
We review the will (if one exists), the estate's assets, the family history, and the specific dispute or concern you're facing. We advise you on the strength of your position, the available legal options, and the realistic range of outcomes — before you commit to anything.
2
Court Representation
We file or respond to the relevant Surrogate's Court petitions, appear at hearings and conferences on your behalf, conduct or defend depositions, and present evidence to the court as needed. Where early resolution is possible, we pursue negotiated settlements that protect your interests without the cost of full litigation.
3
Resolution & Closing
Whether the matter resolves through settlement, a court order, or a formal decision after hearing, we guide you through the final steps — implementing the court's ruling, coordinating with the estate administrator, and ensuring the estate reaches its proper close.
What's Included
Our Services
Will Contest Representation
We represent interested parties who believe a will was procured through undue influence or signed without mental capacity, as well as executors defending the validity of a will against challenge. Will contests require a specialized combination of estate law knowledge and litigation skill.
Judicial Accounting Proceedings
When an executor's administration must be reviewed by the court, we prepare and present a complete formal accounting — or, for beneficiaries, review and object to accountings that contain errors, omissions, or improper charges against the estate.
Executor Removal Proceedings
When a fiduciary has breached their duty to the estate, we petition the Surrogate's Court for their removal and, where appropriate, for a court-ordered surcharge requiring them to personally reimburse estate losses.
Kinship Hearings
For estates where heirship is uncertain or disputed, we gather documentary evidence, present family history to the court, and establish the legal right of the rightful heirs to inherit — preventing the estate from escheating to the state.
Will Construction Proceedings
Ambiguous will language can leave an estate in limbo for years. We petition the Surrogate's Court for a construction proceeding to obtain a judicial interpretation of the testator's intent, so the estate can be administered and closed.
Executor Defense
Being named executor does not mean accepting unlimited personal liability. We defend executors in contested accounting proceedings, respond to beneficiary objections, and ensure that fiduciaries who have acted properly are protected by a court-approved record.
Why NY Wills & Estates
What Sets Our Attorneys Apart
Regular Surrogate's Court Appearances
Our attorneys appear regularly before Surrogate's Courts in New York County, Kings County, Queens County, Nassau County, and Westchester County, as well as the Superior Court in Bergen County, NJ. We know the local rules, the judges' expectations, and the procedural requirements that trip up unfamiliar counsel.
We Represent Both Sides
We represent executors and administrators defending their administration, and beneficiaries or heirs challenging it. Understanding how both sides think gives our clients a strategic advantage — we know what the other side is likely to argue before they argue it.
Settlement-First Strategy
Contested probate proceedings are expensive for everyone. Our first objective is always to find a resolution that protects our client's interests without the cost and delay of a full trial. When settlement is not possible or not in our client's interest, we are fully prepared to litigate.
Accessible to All Families
Estate disputes often involve family members from multiple backgrounds, countries of origin, and languages. We work in English, Español, and Русский, and we communicate clearly — without legal jargon — so every family member understands what is happening and why.
Client Stories
Families We've Guided
Real families. Real outcomes. Names changed to protect client privacy.
★★★★★
"My stepmother presented a will that my siblings and I were certain our father never would have signed in his condition. The firm reviewed the medical records, gathered witness statements, and challenged the will in Surrogate's Court. We ultimately reached a settlement that was far more equitable than what the contested will provided. Having attorneys who actually knew Surrogate's Court procedure made all the difference."
Will Contest Client
★★★★★
"As executor of my aunt's estate, I faced a beneficiary who refused to approve my accounting and threatened to take me to court over everything I'd done. The firm prepared a thorough judicial accounting, appeared at the hearing with me, and walked out with a court order approving the entire administration. I felt completely protected and the estate could finally close."
Executor Defense Client
★★★★★
"My grandmother passed without a will and we weren't sure who would be recognized as her legal heirs — there were half-siblings and relatives in two countries. The team handled the entire kinship proceeding, gathered documents from overseas, and successfully established our family's right to inherit. We would never have known how to do this on our own."
Kinship Hearing Client
Common Questions
FAQ
Answers to the questions we hear most.
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 probate attorneys are available for a free, no-obligation consultation. Call 516-518-8586 or request a consultation online.
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