Legal Question in Wills and Trusts in New York

Time-frame for contesting a Will

Two questions. Is there a specific required time-frame to contest a will or can it be a random date selected by the Surrogate Court? And secondly, can items in the estate be sold by the Executrix before the will is abmitted to probate? We received notice from the Surrogate court in July and was given only until August 3 to contest. Also, the Executrix sold our Uncle's house before all siblings signed for the official notice of the Probation Citation. It was sold for the Executrix by the attorney's family's real estate company. Thank you.


Asked on 10/06/05, 12:50 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Time-frame for contesting a Will

In most states there is a limited time period from the appointment date by which notice of a contest must be filed. I am not sure what it is in NY, but I am sure it is more than 30 days. It sounds like the notice you received was to contest the appointment of the Executor, not to contest the Will itself. The Executrix has no authority to act before appointment, and any action taken before the appointment may be voidable. I suggest promptly contacting the Surrogate where the Will was filed to verify the date by which a contest must be filed. Lastly, having a related sales company might be a conflict for the attorney. This is especially true depending upon the commission to be received on the sale. In these days, brokers are very competitive as to their commission rates and I question if the commission agreement has provided for a more favorable rate to be charged. If you have time to file the contest, you might want to mention this in your complaint.

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Answered on 10/06/05, 11:42 am


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