In a recent post, I discussed the meaning of “Probating a Will” in New York State. If there are no complications, the process will typically result in the Court issuing Letters Testamentary in a few weeks, officially appointing the person nominated in the will as executor. What then can cause a delay?
One problem which may arise is when an heir refuses to consent to the will being admitted to probate. Such refusal most commonly results from the heir being dis-inherited, that is, not being provided for in the will. In such a case, the reluctant heir must be served with a court document called a “Citation” advising the heir that on the date specified in the Citation, the heir may appear before the Court and “Object” to the will being admitted to probate. If the heir doesn’t appear, it’s deemed that he or she consents to the will being probated.
If the heir, or their attorney, appears on the date specified in the Citation, the Court usually will allow them to conduct inquiries as to the validity of the will, such as examination of witnesses and the attorney who prepared the will at some future date. After such examinations, the heir’s attorney may file “Objections” to the will, essentially, a request that the will not be admitted to Probate. From that point, the matter will be scheduled for a trial which will determine if the will may legally be admitted to probate.
As you can imagine, the above scenario is lengthy and costly. Can this be avoided if a person seeks to dis-inherit an heir? We’ll discuss that in my next post, so check back soon….
