Quick answer

If someone in New York is contesting the estate that names you as a beneficiary, act quickly. Protecting your inheritance typically means gathering proof that the will (or other instrument) is valid, preserving evidence, joining or defending the Surrogate’s Court proceeding, and exploring non‑litigation options such as mediation or settlement. You can also use estate‑planning tools in advance (trusts, beneficiary designations, disclaimers) to reduce the estate assets that are subject to contest. This is general information and not legal advice.

How this commonly unfolds (hypothetical scenario)

Hypothetical: A decedent left a will leaving you $50,000 and a sibling files a caveat in Surrogate’s Court claiming undue influence. The will is lodged for probate. You should immediately locate the original will, collect correspondence and medical records that show the decedent’s capacity, and contact counsel to enter an appearance in the Surrogate’s Court. While the contest proceeds, you may seek interim relief or negotiate a settlement. If the will is upheld, you keep the legacy; if not, distribution follows intestacy rules or an earlier valid will.

Detailed answer — step‑by‑step guidance under New York law

1. Understand the court and the timing

Will contests and estate administration proceed in New York Surrogate’s Court. The rules and procedures are found in the New York Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers & Trusts Law (EPTL). See the text of those laws at the New York State Legislature: SCPA (New York) and EPTL (New York). You should pay careful attention to filing deadlines and hearing dates in the Surrogate’s Court where the estate is pending. Missing deadlines can forfeit your procedural rights.

2. Grounds a family member typically uses to contest

• Lack of testamentary capacity: claim the decedent did not understand the nature and effect of the will when signing.
• Undue influence: claim someone pressured or coerced the decedent into signing.
• Fraud, forgery, or improper execution: claim the will was forged or not executed according to statutory formalities.
• Revocation: claim a later valid will or other act revoked the will.

3. Immediate actions to protect your interest

1. Preserve the original will and any copies. If you have the original, keep it safe and note who has handled it.
2. Collect evidence early: medical records, doctor statements, dated emails or letters, witness names, records of the decedent’s mental state, and any communications about the estate.
3. Act promptly in Surrogate’s Court: if you receive notice of a probate petition or a caveat, consider entering an appearance or filing a response through counsel so your rights stay protected.
4. Consider preservation motions: request preservation of evidence or limited discovery (depositions, subpoenas for records) if facts are time‑sensitive.
5. Freeze at‑risk assets where appropriate: if a distribution is imminent and the estate is contested, counsel can ask the court to stay distributions or require the executor to post a bond to secure estate assets.

4. Defenses and litigation strategy

As a beneficiary you (or the executor acting for the estate) can:

• Present testimony of witnesses to the decedent’s capacity and voluntariness.
• Introduce contemporaneous documents or medical records showing capacity and intent.
• Challenge the sufficiency of the contestant’s evidence and the chain of custody for documents.
• Rely on procedural defenses (e.g., lack of standing, late filing) when appropriate.

5. Settlement and alternative dispute resolution

Contested estate cases are costly and emotionally draining. New York Surrogate’s Courts encourage settlement and may order mediation. A negotiated settlement can preserve more of the estate value for beneficiaries than prolonged litigation. Consider mediation early if the parties are willing.

6. Estate planning tools to reduce contest risk (for future planning)

• Revocable and irrevocable trusts: properly drafted trusts can transfer assets outside probate and reduce the pool subject to will contests.
• Payable‑on‑death (POD) accounts and beneficiary designations: these assets pass directly to named beneficiaries and usually avoid probate.
• Joint ownership with rights of survivorship for certain assets can bypass probate.
• No‑contest (in terrorem) clauses: many wills include clauses to discourage challenges. Courts evaluate those carefully; they may not be absolute if the challenger has probable cause.
• Careful execution: use witnesses and a clear attestation clause, and document the testator’s capacity at signing (e.g., a short affidavit or physician note).

7. Costs, timing and practical expectations

Contested will cases in New York can take months to years depending on complexity, the need for discovery, and appeals. Expect attorneys’ fees, expert fees (medical, handwriting), and court costs. If you are a beneficiary, you may be able to ask the court for an accounting and for the executor to post a fiduciary bond; consult counsel about fee shifting and allowance of costs against the estate.

8. When to get a lawyer

Seek a New York probate litigation attorney as soon as you learn of a contest or potential contest. A lawyer will help you file necessary papers in Surrogate’s Court, preserve evidence, and evaluate settlement. If you are named executor, the attorney can advise on obligations and defenses and on whether to seek court directions before taking actions that may expose you to liability.

Helpful links to New York rules and resources

• New York Surrogate’s Court Procedure Act (SCPA)
• New York Estates, Powers & Trusts Law (EPTL)
• New York Courts — Surrogate’s Court information

Practical summary

Protecting an inheritance in New York starts with prompt action: secure documents and evidence, enter the Surrogate’s Court proceeding, and consult experienced counsel. If you plan for the future, use trusts and beneficiary designations to reduce the assets vulnerable to contests. If a contest is already underway, consider mediation to limit cost and delay.

Disclaimer

This article provides general information about New York law and does not constitute legal advice. Every case is unique. Consult a licensed New York attorney to get advice tailored to your facts.

Helpful Hints

• Act immediately — courts enforce short procedural timelines.
• Keep the original will and all correspondence; copies may be challenged for authenticity.
• Get medical records quickly; hospital and physician records are crucial on capacity questions.
• Preserve digital evidence (emails, text messages, social media) with timestamps.
• Consider mediation early to save time and estate value.
• If you are an executor, do not distribute contested assets without court permission unless counsel advises otherwise.
• If you plan your own estate: use clear documents, multiple witnesses, and consider trusts for assets you want to protect from contests.