Problems with probate?

When a person passes with a Will, someone interested in the estate will present a petition to Surrogate’s Court requesting the Will be “validated”. This is the probate proceeding and, if successful, results in the appointment of the Executor.

But, is it all smooth sailing? Not necessarily.

The Petition must name the interested parties to the probate proceeding who then must sign off on the Will being admitted to probate; if they do not, they must be served with papers to appear in Court to state their intentions.

Then what? If any of those interested parties believes there may be grounds to invalidate the Will, they can file objections to the probate of the Will. It’s not an easy task to invalidate the Will.

The typical objections to probate include:

1. Lack of due execution

2. Forgery

3. Lack of testamentary capacity

4. Undue influence

5. Mistake, fraud or duress

It is quite difficult to have an attorney-drafted and -executed Will thrown out, but, nonetheless a will contest can occur.