This article is the second in a series of articles concerning contested probate proceedings in Surrogate’s Court. We are hopeful that this series will provide practitioners with a resource concerning each stage of a probate contest.
The Probate Petition and Jurisdiction
When it comes to probate, most estates are straightforward and only a small percentage are contested. To begin the process of probating a will, the attorney must file a petition to probate the will. The attorney filing the petition generally must use the official forms of the Surrogate’s Court, which are recognized statewide. In some instances, the Surrogate Court of the respective county may have its own version, and in that case the best practice is to use the county’s form. Additionally, some counties permit e-filing, but the attorney must check the county where the will is being probated to determine if this is available. The counties which do permit e-filing may require it for certain forms, or may make it optional. As with regular filing, it is also the best to use the county’s forms for e-filing.
