EXECUTOR & ADMINISTRATOR LITIGATION IN SURROGATE'S COURT
Estate and probate proceedings often require Surrogate's Court appearances, document filings, sworn responses or other activities subject to court rules.
A person who seeks to be appointed to act as the Administrator or Executor of an Estate must first file a Petition to the Surrogate's Court. In some instances, a creditor may file a petition seeking the appointment of an Administrator or the Public Administrator.
Upon review of the petition, the Court will either issue a Decree appointing an Executor or Administrator to act on behalf of the Estate, or deny the application.
Estate litigation can occur during this application process if another party objects to or disputes the Petition. Estate litigation can also occur after an Administrator or Executor is appointed by the Surrogate's Court, based on the manner in which the Estate is handled or on some other disputed basis.
While not every case leads to a trial, disputes and difficulties do arise in the course of establishing, managing or settling an Estate that require the assistance of an attorney, such as:
Removal, revocation or limitation proceedings
Judicial Accounting proceedings
Estate Discovery proceedings