Detailed answer: How to fix wrong siblings in probate documents (New York)

When probate paperwork lists the wrong siblings or other heirs, you must decide whether the error is clerical or substantive. The approach you take depends on that distinction.

1. Is the error clerical or substantive?

– Clerical error: a misspelled name, wrong middle initial, transposed digits in a date, or a missing middle name. The deceased’s identity and the relationships are clear, and the mistake does not change who inherits.

– Substantive error: the wrong people are identified as heirs (for example, a sibling is listed who is not actually related, or an actual sibling was omitted). Substantive mistakes affect who gets property and usually require a court process to fix.

2. First step: contact the Surrogate’s Court clerk

Start by contacting the clerk in the Surrogate’s Court where the estate is filed. Clerks can often correct small clerical mistakes when you bring identification, certified copies (birth, death, marriage certificates), or an affidavit explaining the mistake. For general information about Surrogate’s Court procedures in New York, see the New York Courts Surrogate’s Court pages: https://www.nycourts.gov/courts/nyc/surrogates/.

3. If the clerk cannot fix it: filing a petition or motion

If the error is substantive, you will generally need to file a petition with the Surrogate’s Court asking the court to correct the record. Typical filings include:

• A petition to amend or correct the record (requesting the court to change names listed in the probate record).
• A petition to reopen or review the probate if the wrong heirs were named when the will was admitted.
• A petition for issuance of a new citation or a declaratory judgment about heirship, if ownership rights are at stake.

The Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL) govern probate and administration in New York. For background on the state statutes that control probate and related proceedings, see the SCPA and EPTL on the New York State Legislature site: https://www.nysenate.gov/legislation/laws/SCPA and https://www.nysenate.gov/legislation/laws/EPTL.

4. Evidence you will need

The court will want clear evidence of family relationships and identity. Useful documents include:

• Certified birth certificates for the decedent and the purported siblings
• Death certificate for the decedent
• Marriage certificates, if names changed
• Affidavits from relatives or other witnesses swearing to the correct relationships
• Prior legal documents (old wills, trusts, tax records, or social security records) that show family connections

5. Notice and possible objections

When you file a petition to correct the probate record, you must serve notice to all interested parties (named beneficiaries, personal representative/executor, and other heirs). If any interested party objects, the court will schedule a hearing. The court resolves disputes about who is an heir, who should be listed, and whether the original probate decision was proper.

6. If probate was already granted and you need relief from a court order

If a probate order or judgment already exists and you seek to set it aside or amend it, you may seek relief through procedural mechanisms like a motion to vacate or to reopen the proceedings. Some motions in New York civil practice use CPLR rules (for example, CPLR 5015 provides relief from judgments in limited circumstances). See CPLR provisions for relief from judgments: https://www.nysenate.gov/legislation/laws/CPLR/5015. Whether CPLR 5015 applies depends on the nature of the prior order and the reasons you provide for relief.

7. Timeline and costs

Timelines vary. Clerical corrections can be quick—days to weeks. Court petitions can take months, especially if contested. Costs include filing fees, serving notice, and, if the matter is contested or legally complex, attorney fees. There is no uniform flat fee for contested corrections because complexity drives time and expense.

8. When to get an attorney

Get an attorney if:

• The error changes who inherits or who controls estate property.
• Multiple people claim rights and disputes are likely.
• The court previously issued orders you want changed or set aside.

A lawyer who handles Surrogate’s Court matters can draft the correct petition, collect admissible evidence, handle service and notice, and represent you at any hearing.

9. Example (hypothetical)

Hypothetical: A will was admitted listing “Jane Smith” as a surviving sibling, but the decedent had no sister named Jane; the correct sibling is “Joan Smythe.” The clerk cannot change the entry because the named person appears in the admitted will. The correct path is to file a petition to correct the probate record, attach certified birth certificates showing the decedent’s sibling is Joan Smythe, provide an affidavit explaining the mistake, and serve notice on the executor and other beneficiaries. If no one objects, the court may grant the correction. If someone objects, the court will hold a hearing to resolve the dispute.

10. Key statutes and court resources

• Surrogate’s Court Procedure Act (general probate procedure): https://www.nysenate.gov/legislation/laws/SCPA
• Estates, Powers and Trusts Law (rules on wills, heirs, and distribution): https://www.nysenate.gov/legislation/laws/EPTL
• Civil Practice Law & Rules (for relief from judgments, where applicable): https://www.nysenate.gov/legislation/laws/CPLR/5015
• New York State Unified Court System – Surrogate’s Court information: https://www.nycourts.gov/courts/nyc/surrogates/

Important disclaimer: This information is educational only and not legal advice. I am not a lawyer. For help with a specific probate error in New York, consult a licensed attorney who regularly practices in Surrogate’s Court.

Helpful Hints

• Act quickly: early corrections are easier than undoing a later property transfer.
• Start with the Surrogate’s Court clerk—some mistakes are fixed without formal motions.
• Gather primary documents (certified birth and death certificates) before filing anything.
• Prepare clear, signed affidavits from family members who can confirm relationships.
• Serve interested parties properly—failure to give notice can delay your case.
• If the estate already distributed assets based on the incorrect listing, consult an attorney right away; equitable remedies or claims against recipients may be necessary.
• If cost is a concern, ask the court clerk about fee waivers or look for legal aid organizations that handle probate disputes.
• Keep copies of every filing, certified mail receipts, and proof of service for the court record.