Trusts & Estates Litigation Attorney in New York

When a family disagrees about a will, a trust, or the way an estate is being handled, the dispute usually ends up in Surrogate’s Court. Schwartsman Law Group represents beneficiaries, distributees, executors, administrators, and trustees in contested Surrogate’s Court matters in New York. That includes will contests, objections to a fiduciary’s accounting, kinship hearings, and disputes about a fiduciary's conduct. Our attorneys are licensed in New York and handle matters in Brooklyn, Manhattan, Queens, the Bronx, Staten Island, and Long Island.

This page gives an overview of how these disputes usually come up and what the law in this area says. For a step-by-step walkthrough of a will contest, see our guide to contesting a will in New York. To talk about your own situation, call (212) 518-3868 or request a Free Consultation.

What Trusts & Estates Litigation Covers

Estate litigation is more than will contests. Most of the matters we see fall into a few groups:

• Will contests (probate objections). Someone objects to admitting a will to probate, often on the grounds that it was not properly executed or that the testator was not competent.
• Accounting proceedings. Fiduciaries keep records of what the estate or trust received, paid, collected, spent, and distributed. Beneficiaries often review those records with counsel and may object to items they believe are wrong.
• Kinship disputes. When someone dies without a will, EPTL 4-1.1 sets who inherits and SCPA 1001 sets priority for letters of administration.
• Fiduciary concerns. Beneficiaries may raise concerns about a fiduciary's conduct in Surrogate's Court.

Will Contests: How a Will Is Supposed to Be Signed

Many will contests start with one question: was the will signed the way New York law requires? Under EPTL 3-2.1, a valid will generally must meet these requirements:

• The testator signs it at the end.
• The testator signs in the presence of each attesting witness, or acknowledges the signature to each witness.
• The testator declares to each witness that the document is their will.
• There are at least two attesting witnesses. Under the statute, if both witnesses sign within one 30-day period, there is a rebuttable presumption on that timing.

The execution must be one continuous ceremony. Problems arise when there is a gap: the signature isn’t at the end, a witness signed later or wasn’t in the room, or nobody can describe what was said. Objectants often focus on these defects, and proponents usually answer with witness testimony and evidence about the signing.

A note on electronic wills. New York has enacted electronic-will legislation (L.2025 c.637, amended by L.2026 c.89; EPTL 3-6.1 et seq.), but it does not take effect until December 12, 2027. Until then, the traditional paper will signed with two witnesses under EPTL 3-2.1 is what governs. Further bills affecting these rules are pending, so details may change before the effective date.

Will Contests: Due Execution and Competence

Under SCPA 1408, the court inquires into due execution and the testator's competence before admitting a will. The formalities themselves are in EPTL 3-2.1, described in the section above.

No-Contest (In Terrorem) Clauses: EPTL 3-3.5

Many wills include a no-contest or in terrorem clause: a beneficiary who contests the will forfeits what the will gives them. Under EPTL 3-3.5, these clauses are generally enforceable whether or not the contestant had probable cause. That makes them a serious factor for anyone who receives something under the will and is thinking about objecting.

The statute lists specific conduct that does not trigger forfeiture. Under EPTL 3-3.5(b), these safe harbors include:

• A contest claiming that the will is a forgery or was revoked by a later will, but only if the contest is brought with probable cause.
• Actions on behalf of an infant or incompetent.
• An objection to the court’s jurisdiction.
• Seeking disclosure of information relating to the will or estate.
• Refusing to join or sign a consent to probate.
• Taking part in examinations under SCPA 1404.
• Bringing a construction proceeding to have the court interpret the will.

These safe harbors are narrow, and the exact wording of the clause in your will matters. A beneficiary weighing objections should know exactly what they stand to lose before taking a step that falls outside the statute. Executors, for their part, should know which early activity the statute protects so they don’t threaten forfeiture where the law does not support it.

Under SCPA 2402, separate court fees apply to filing an objection or jury demand and to a note of issue. Those court fees may change.

What Happens to the Estate While a Contest Is Pending

A contest can take time, and the estate still needs someone to manage it. Under SCPA 1412, the executor named in the will can request preliminary letters in writing after the probate petition is filed and process has issued (or earlier if the court allows). When there is more than one will, priority goes to the executor named in the latest one. The court may limit the preliminary executor’s powers and may require or waive a bond. Preliminary letters are revoked by a decree denying probate.

This matters to both sides. A proponent may need preliminary letters to protect assets, pay bills, or keep a business running. An objectant may want the court to limit what a preliminary executor can do until the contest is resolved.

Where the Case Is Heard

Under SCPA 205, a domiciliary estate belongs in the Surrogate’s Court of the county where the decedent was domiciled. For a non-domiciliary, SCPA 206 allows venue in a county where property was left, among other bases, and the court where the first proceeding is brought keeps jurisdiction. In New York City, the Surrogate’s Courts sit at 2 Johnson Street (Brooklyn), 31 Chambers Street (Manhattan), 88-11 Sutphin Boulevard in Jamaica (Queens), 851 Grand Concourse (Bronx), and 18 Richmond Terrace (Staten Island). On Long Island, the Suffolk County Surrogate’s Court sits in Riverhead, and Nassau County has its own Surrogate’s Court. Filing practices, including e-filing, vary by county, so confirm the current rules for your court before filing.

Accounting Objections

A fiduciary’s accounting shows what came into the estate or trust, what was paid out, and what is left to distribute. Beneficiaries who review an account often raise questions about:

• Assets that appear to be missing or undervalued.
• Expenses that look personal, excessive, or unsupported.
• Delays in selling or distributing property that led to losses.
• Payments to the fiduciary or their family members.
• Commissions taken in the wrong amount.

Commissions are set by statute. Under SCPA 2307, executor and administrator commissions are 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4,000,000, and 2% on everything over $5,000,000. Half is allowed for receiving and half for paying out. Trustee commissions fall under a separate section, SCPA 2309, which was amended effective January 20, 2026. Comparing the commissions claimed with the statutory schedule is one of the first things we do when reviewing an account.

Fiduciaries are on the other side of these cases too. An executor or trustee facing objections needs records that support each entry and a clear explanation of the decisions they made.

Creditor claims also affect the accounting. SCPA 1802 is built around a seven-month period from the issuance of first letters and protects a fiduciary who pays in good faith. Under SCPA 1803, a claim must be in writing, state the facts and the amount, and be delivered to the fiduciary, including by certified mail.

Kinship Disputes

When someone dies without a will, EPTL 4-1.1 decides who inherits. A spouse with issue receives $50,000 plus one-half of the residue, and the balance passes to issue by representation. A spouse only takes all. Issue only take all. If there is neither a spouse nor issue, the estate passes to parents, then to the parents' issue (such as siblings, nieces, and nephews), then to grandparents and their issue under the limits of the statute, including great-grandchildren per capita.

Disputes come up when family relationships are uncertain: a claimed child, a half-sibling, a distant cousin, or relatives abroad whose records are hard to obtain. Who inherits is governed by EPTL 4-1.1; identifying distributees early helps the case move. These matters often require birth, marriage, and death records, genealogical research, and testimony.

Who serves as administrator can also be contested. SCPA 1001 sets the order of priority for letters of administration: the spouse, then children, then grandchildren, then a parent, then siblings, then other distributees, with preference to those taking the largest share. In certain situations involving more remote relatives, letters go to the Public Administrator or the chief fiscal officer of the county instead.

Fiduciary Disputes

Beneficiaries sometimes disagree with how an executor, administrator, or trustee is handling an estate or trust. We represent families in those Surrogate's Court disputes and work toward a resolution that fits the facts. Call (212) 518-3868 or schedule a Free Consultation.

How We Approach Estate Litigation

• Early case review. We look at the will, any prior wills, trust documents, and the account (if there is one) before recommending a course of action.
• No-contest risk check. If a no-contest clause applies, we identify what our client could lose and which steps fall within the EPTL 3-3.5 safe harbors.
• Evidence first. We gather medical records, drafting files, financial records, and witness accounts early, because these cases are decided on facts.
• Resolution where it makes sense. Many estate disputes settle; others need a hearing or trial. We tell clients plainly where their case stands.

We don’t promise outcomes or timelines. Every Surrogate’s Court matter depends on its facts, the court, and the other parties.

Talk to a New York Estate Litigation Attorney

If you are thinking about challenging a will, have been served with a citation in a probate proceeding, have questions about a fiduciary’s accounting, or are a fiduciary facing objections, it helps to understand your position before you act. Call (212) 518-3868 or schedule a Free Consultation with Schwartsman Law Group. For more background, read our guide to contesting a will in New York.