Category: Probate

When it comes to estate administration in New York, the appointment of an executor is a crucial step. However, what happens when family members disagree with the proposed executor? This guide will walk you through the process of challenging an executor appointment in New York State, providing valuable insights into waivers, citations, and objections.

Understanding Waivers and Family Obligations

In New York probate proceedings, family members and other interested parties have the option to sign a Waiver of Process Consent to Probate. This document essentially waives their right to receive a formal citation and indicates their consent to the appointment of the proposed executor.   Key points about waivers:

• Signing a waiver is voluntary; family members are not obligated to sign.
• By signing, individuals give up their right to object to the will or the executor’s appointment later on.
• If all interested parties sign waivers, the probate process can proceed more quickly and efficiently.

The Citation Process: When Waivers Aren’t Signed

If any interested party refuses to sign a waiver, the court will issue a citation. Here’s what you need to know about citations:

• A citation is a court-ordered document directing individuals to appear in Surrogate’s Court on a specific date.
• It must be properly served to the interested parties.
• For New York State residents, personal service is required.
• Out-of-state parties may be served by certified or registered mail.

Who Has the Right to Appear?

Any person with an interest in the estate has the right to appear in court when served with a citation. This typically includes:

• Heirs-at-law (those who would inherit if there was no will)
• Beneficiaries named in the will
• Creditors of the estate

Filing Objections to a Proposed Executor

If you wish to challenge the appointment of a proposed executor, you must file objections with the Surrogate’s Court. Steps for filing objections:

1. Prepare a written objection stating your interest in the estate and your reasons for objecting.
2. File the objection with the Surrogate’s Court before the return date specified in the citation.
3. Serve your objections on the petitioner (or their attorney) and any other parties who have filed a Notice of Appearance.
4. File an affidavit of service with the court, proving you’ve served all necessary parties.

Grounds for objection may include:

• The proposed executor is unfit due to dishonesty, substance abuse, or lack of understanding.
• The nominee is not a U.S. resident or citizen.
• There’s a conflict of interest or lack of trust among beneficiaries.
• The Will was not prepared properly or the decedent was not competent when signing it.

The Court’s Decision Process

After objections are filed, the Surrogate’s Court will review the case. This may involve:

• Scheduling a hearing or conference to review the objections.
• Considering evidence presented by both sides.
• Evaluating the qualifications of the proposed executor and the wishes expressed in the will.

The court may then decide to:

• Appoint the originally proposed executor
• Choose an alternative executor named in the will
• Appoint an administrator if no suitable executor is available

Protect Your Interests

Challenging an executor appointment is a complex process that requires careful navigation of New York’s probate laws. Whether you’re considering objecting to a proposed executor or you’re an executor facing objections, it’s crucial to have experienced legal guidance.  At Sverdlov Law PLLC we specialize in New York probate law and have extensive experience handling executor challenges. Our team can help you understand your rights, guide you through the objection process, and represent your interests in Surrogate’s Court.  Don’t let the complexities of probate law overwhelm you.

Contact us at 212-709-8112 or email ksverdlov@sverdlovlaw.com or book a consultation here: https://calendly.com/katyasverdlov. Let us help you protect your interests and ensure the proper administration of your loved one’s estate.