When someone dies in Williamsville, New York, the process of probate begins. Probate is the formal legal process determining who will inherit the deceased person’s property and possessions. Typically, a lawyer can handle this for interested parties. Still, there are certain situations where someone may file objections to the probate of an alleged will.
What are the grounds for filing objections to probate?
Objections to probate may be filed by any interested person, including the alleged testator’s surviving spouse, children, parents, siblings, or any other relatives of the alleged testator, and creditors. To object to probate, a party must demonstrate that there are grounds for contesting the will’s validity. Commonly, grounds for contesting a will are whether its creation was under undue influence, coercion, or not according to state law.
Who may file objections to the probate of an alleged will?
Williamsville, NY residents who believe an alleged will may not be valid due to errors or irregularities may file objections to probate. Filing objections with the county must occur before the return day of the process or on a day directed by court order. If an examination is requested, filing objections must be within ten days after the completion of the review.
How does the court consider objections?
In estate litigation, the Probate Court will consider any objections to the probate of an alleged will. The potential objectors must meet specific requirements:
- having known the person who made the will
- being able to prove that they were not aware of its contents
- demonstrating a legitimate interest in having the will probated
What happens if there are objections and the disputed will is found valid?
Suppose objections are filed and the disputed will is found valid. In that case, the objector’s name will be on the document as the “objector.” They will have 30 days to answer the court. Suppose no response occurs within 30 days. In that case, the court may enter an order declaring the will valid and settling any related disputes.
Finally, what happens if filing objections and the court finds the will is invalid?
If objections are filed and the disputed will is found invalid, the court will appoint a guardian for the person or persons named in the will. The court may appoint a representative to administer the estate of the person named in the will.