fundamental aspect of estate cases in Surrogate’s Court is that all necessary persons be given proper notice of the proceedings. For the most part, individuals who are interested parties are the decedent’s next of kin or distributees.
Many posts in the New York Probate Lawyer Blog discuss the need to prove or demonstrate a person’s kinship to a decedent. In probate cases, the probate petition that is filed with the Court must list all of the decedent’s distributees. These persons must receive notice of the probate proceeding since they would have a right to Contest a Will if they felt that the probate was improper. Among the various grounds to contest a will are lack of due execution, lack of testamentary capacity and undue influence. Continue reading