Probate of a New York Will by Summary Judgment

When a person dies leaving a Last Will and Testament, it is necessary to have the Will admitted to probate.  This is typically the situation where a decedent dies and there are assets held in the decedent’s name alone.  The New York Probate Lawyer Blog has published many articles concerning the probate process.  There are also many blog posts explaining that probate is not necessary regarding assets which pass by operation of law.  If a decedent owns bank accounts, real estate or other items jointly with another person whereby the ownership passes to the survivor upon death, probate is unnecessary.  This result is also applicable to assets such as life insurance, retirement accounts and other financial items where there is a designated beneficiary who survives the decedent.

Admitting a Will to probate is the process which occurs through the Surrogate’s Court whereby the Court validates a Will.  When a Will is admitted, then letters testamentary are issued to the petitioner who is typically appointed as the Executor of the estate.  The Executor has the authority to collect assets, pay estate expenses and debts, and to make distributions to estate beneficiaries.

The proceedings in Surrogate’s Court can be delayed and complicated by numerous issues.  There may be questions as to the identity and location of a decedent’s next of kin (i.e., distributees).  Also, questions may arise as to whether the purported Will is invalid, based upon various grounds such as improper execution, lack of testamentary capacity, or undue influence.  In cases where an interested party raises objections concerning probate, there are certain procedures which are usually followed involving contesting a Will.

First and foremost, the potential Objectants have the right pursuant to Surrogate’s Court Procedure Act Section 1404 entitled “Witnesses to be examined; proof required” to obtain testimony and documents from the attorney-draftsperson and the attesting witnesses regarding the preparation and execution of the Will.  In the event formal objections to a Will are filed, Objectants and petitioners have the opportunity to engage in discovery regarding all alleged grounds asserted attacking a Will.

Before a trial in a Will contest case is conducted, all of the parties may file motions for summary judgment.  This means that each party can ask the Court to issue an immediate judgment on their behalf on the basis that the opposing party’s claims do not have any support.  The Court reviews the parties’ submissions and decides the summary judgment motions.

If any party motion is granted, then there is no need for a trial.  Recently, in a Manhattan estate case entitled Graham Buschor in a decision dated September 12, 2024, Manhattan Surrogate Rita Mella granted a petitioner’s motion for summary judgment and dismissed objections to a Will.

The probate process and Will contests can be complicated.  Having the guidance of an experienced estate lawyer can be essential.  I have been handling estate cases throughout New York City and other counties for the past forty (40) years.  Do you have an issue regarding an estate?  Call Me Now for a free confidential review of your estate matter.  We offer reasonable and flexible fee arrangements and personal representation.

New York Trusts and Estates Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including the Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County.  If you or someone you know has any questions regarding these matters, please contact me at (212) 355-2575 for an initial free consultation.