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Civil litigation and dispute resolution in New York
Estate and Trust Litigation
Disputes arising from estates and trusts are among the most emotionally charged and legally complex matters that come before New York’s Surrogate’s Court. Will contests, contested accountings, removal of fiduciaries, beneficiary disputes, and claims of undue influence or lack of testamentary capacity all require experienced litigation counsel who understands both the procedural rules of Surrogate’s Court and the substantive law of trusts and estates.
Parandian Law represents executors, trustees, administrators, and beneficiaries in contested estate and trust proceedings in New York Surrogate’s Court. Our litigation practice in this area draws directly on our trusts and estates practice knowledge, giving us a substantive advantage over general litigators who are unfamiliar with the underlying law. We assess every matter honestly before recommending a path forward.
Estate and trust litigation in New York is governed by the Surrogate’s Court Procedure Act and the Estates, Powers and Trusts Law. Proceedings in Surrogate’s Court have their own rules, forms, and procedures that differ from Supreme Court practice. We handle matters in Westchester County Surrogate’s Court regularly and are familiar with local practice and procedure.
Estate Litigation Attorney New York · Will Contest Attorney Westchester · Surrogate’s Court Litigation · Trust Dispute Attorney New York · Contested Accounting Attorney · Undue Influence Attorney · Fiduciary Removal Attorney · Beneficiary Rights Attorney New York
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New York estate and trust litigation framework
Estate and trust litigation — the essentials
A will contest in New York is a proceeding to challenge the validity of a will on specific legal grounds. The most common grounds are lack of testamentary capacity, meaning the decedent did not understand the nature and consequences of making a will at the time of execution, and undue influence, meaning another person overcame the decedent’s free will and substituted their own wishes for those of the testator. Fraud and improper execution are also grounds for a will contest. A will contest must be commenced within the probate proceeding, before the will is admitted to probate. Once a will is admitted, the opportunity to contest it is significantly limited. The burden of proof in a will contest is on the objectant, and the standard is a preponderance of the evidence.
Contested accountings arise when a beneficiary objects to the formal accounting submitted by an executor, administrator, or trustee in Surrogate’s Court. Objections to an accounting can address improper disbursements, unauthorized investments, self-dealing transactions, excessive fiduciary commissions, failure to collect estate assets, or improper distributions. The fiduciary bears the burden of justifying each item in the accounting once an objection is filed. Where a fiduciary’s conduct has caused financial harm to the estate or trust, the court may surcharge the fiduciary, requiring them to personally compensate the estate for the loss. Beneficiaries also have the right to petition for removal of a fiduciary who has breached their duties or whose continued service is inconsistent with the interests of the estate or trust.
Key FACTS
Will contest grounds:
Lack of capacity, undue influence, fraud, improper execution
Will contest timing:
Must be raised before will is admitted to probate
Burden of proof:
On the objectant by preponderance of evidence
Contested accounting:
Filed in Surrogate’s Court, objections available
Surcharge remedy:
Court may order fiduciary to compensate estate personally
Fiduciary removal:
Available for misconduct, incapacity, or conflict of interest
Governing statutes:
SCPA and EPTL
Venue:
Surrogate’s Court in county of decedent’s residence
What we handle
Estate and trust litigation services
Representation for executors, trustees, administrators, and beneficiaries in contested estate and trust proceedings in New York Surrogate’s Court.
Will contests
Representation of objectants and proponents in will contest proceedings in New York Surrogate’s Court, including challenges based on lack of testamentary capacity, undue influence, fraud, and improper execution. We assess the strength of the grounds for contest before recommending whether to proceed and represent clients effectively through the Surrogate’s Court proceeding.
Contested accountings
Representation of beneficiaries filing objections to formal accountings submitted by executors, administrators, and trustees, and representation of fiduciaries defending against such objections. We analyze the accounting in detail, identify items that warrant objection, and pursue or defend against surcharge claims in Surrogate’s Court.
Fiduciary removal proceedings
Representation of beneficiaries petitioning for removal of an executor, administrator, or trustee who has engaged in misconduct, has a disqualifying conflict of interest, or is incapable of performing their fiduciary duties. We also represent fiduciaries defending against removal petitions and advise on the legal standards applicable to removal proceedings under New York law.
Beneficiary and inheritance disputes
Representation of beneficiaries in disputes over the interpretation of will or trust provisions, the proper identification of beneficiaries, the valuation and distribution of specific assets, and the enforcement of rights under the governing documents. We also advise on claims involving the improper diversion of assets that should have passed to the estate or trust.
How it works
Our estate and trust litigation process
01
Case evaluation
We review the will or trust, the facts surrounding the dispute, the governing documents, and the procedural posture of any pending Surrogate’s Court proceeding. We give an honest assessment of the strength of the legal position, the available remedies, the realistic range of outcomes, and the cost-benefit analysis of proceeding versus settling before any action is taken.
02
Pre-litigation strategy
Many estate and trust disputes can be resolved through negotiation or mediation before a formal Surrogate’s Court proceeding is necessary. Where a negotiated resolution is possible and consistent with our client’s interests, we pursue it. Where court intervention is required or the other side is not acting in good faith, we prepare for litigation with a clear strategy from the outset.
03
Surrogate’s Court proceedings
We file and respond to petitions, conduct discovery, bring and oppose motions, and represent our clients through the full Surrogate’s Court proceeding. We keep clients informed at each stage without overwhelming them with procedural detail and advise on settlement opportunities as they arise throughout the litigation.
04
Resolution and appeal
We represent clients through trial or hearing in Surrogate’s Court and advise on appellate options if the outcome warrants further review. We also advise on post-judgment enforcement, including the collection of surcharge awards and the implementation of court orders directing distribution or fiduciary removal.
Common questions
Estate and trust litigation FAQ
On what grounds can a will be contested in New York?
A will can be contested in New York on four main grounds. Lack of testamentary capacity means the decedent did not understand the nature of making a will, the extent of their property, or the natural objects of their bounty at the time the will was executed. Undue influence means another person exerted pressure on the decedent that overcame their free will and substituted the influencer’s wishes for those of the testator. Fraud means the decedent was deceived into signing a document they did not understand to be a will or was misled about its contents. Improper execution means the will was not signed and witnessed in compliance with New York EPTL Section 3-2.1. A will contest must be raised before the will is admitted to probate. Once admitted, the grounds for challenge are significantly narrowed.
What is a contested accounting and how does it work?
A formal accounting is a detailed record of all estate or trust transactions submitted by a fiduciary to Surrogate’s Court. Any interested party, including beneficiaries and creditors, may file objections to the accounting within a period set by the court. Objections can challenge specific disbursements, investment decisions, fiduciary commissions, asset valuations, or distributions as improper or inconsistent with the governing documents. Once objections are filed, the fiduciary bears the burden of justifying the challenged items. The proceeding may involve discovery, expert testimony on asset values or investment standards, and ultimately a hearing before the Surrogate. Where objections are sustained, the court may surcharge the fiduciary personally for the losses caused by the improper conduct.
Can a beneficiary force an executor to provide an accounting?
Yes. A beneficiary in New York has the right to compel a fiduciary to account in Surrogate’s Court if the fiduciary has not done so voluntarily within a reasonable time. The petition to compel an accounting is filed in the Surrogate’s Court of the county where the estate is being administered. Once the accounting is filed, the beneficiary has the right to examine it and file objections to any items they believe are improper. Executors and trustees who delay or refuse to account without justification expose themselves to removal proceedings and potential surcharge for any losses that occurred during the period of delay.
How long does estate litigation in Surrogate’s Court take?
The timeline for estate and trust litigation in New York Surrogate’s Court varies significantly depending on the complexity of the dispute, the number of parties involved, and the court’s calendar. A contested accounting in Westchester County Surrogate’s Court may take one to two years from the filing of objections to a final resolution, including discovery and hearing. A will contest can take longer if the facts are complex or if there are multiple objectants. Many estate disputes are resolved through negotiated settlements before a full hearing is necessary, which can significantly shorten the timeline. We provide a realistic timeline estimate at the outset of every engagement based on the specific facts and the current Surrogate’s Court calendar.
Related services
Often considered alongside estate and trust litigation
Facing an estate or trust dispute?
Surrogate’s Court proceedings have strict deadlines and procedural requirements. A will contest must be raised before the will is admitted to probate. Speak with an attorney before your options narrow.
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