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Detailed Answer — How to review and correct probate filings in New York

1. Identify the court file and gather documents

1. Find the Surrogate’s Court location where the estate was opened (usually the county where your father lived). You can search local Surrogate’s Court pages at the New York State Unified Court System: https://www.nycourts.gov/courts/surrogates/.
2. Ask the Surrogate’s Court clerk for the estate’s docket number and request copies of the case file (the probate petition, probate or administration papers, letters testamentary or letters of administration, inventories, accountings, notices, and any motions or orders). Many courts permit in-person inspection and provide photocopies or certified copies for a fee.
3. Collect related documents in your possession: the original (or copy of) the will, the death certificate, correspondence from the executor or attorney, and bank/financial statements that show estate activity.

2. Review the file for common missing or incorrect items

Look for these common issues:

• Missing or incorrectly dated will or admission of the will to probate.
• Letters testamentary or letters of administration that list the wrong fiduciary name or powers.
• Missing inventory or an inventory that omits assets.
• No accounting or an inaccurate accounting of receipts and disbursements.
• Improperly served or missing statutory notices to heirs, creditors, or interested parties.
• Clerical typographical errors in names, addresses, or amounts.

3. Determine whether the problem is clerical or substantive

Clerical errors are minor mistakes (typos, wrong address, omitted middle name) and are usually corrected quickly. Substantive problems affect rights or the estate’s distribution (omitted assets, improper accounting, questions about the will’s validity, or misconduct by the fiduciary). The remedy you pursue depends on this distinction.

4. How to correct clerical errors

1. Contact the fiduciary or the fiduciary’s attorney first. Many clerical problems are resolved by submitting an amended document or an affidavit of correction and filing it with the court.
2. If the executor agrees, the executor can file an amended inventory, an amended account, or an affidavit explaining and correcting the error. File the amended document with the Surrogate’s Court and ask the clerk to note the change on the docket.
3. If the clerical change is purely ministerial, you may be able to get an order nunc pro tunc (a retroactive correction) or a simple endorsement from the court. The Surrogate’s Court clerk or the court’s website can explain the local practice for small corrections.

5. How to address substantive errors or missing filings

1. If the executor has failed to file a required inventory or accounting, or has omitted assets, request that the executor prepare and file the missing documents. The executor has statutory duties to marshal and account for estate assets under New York law (see general guidance in the Estates, Powers & Trusts Law and Surrogate’s Court rules: https://www.nysenate.gov/legislation/laws/EPTL and https://www.nysenate.gov/legislation/laws/SCPA).
2. If the executor refuses or you suspect misconduct (self-dealing, waste, theft), you can petition the Surrogate’s Court for relief. Common petitions include requests for accounting, petitions to compel discovery, and petitions for surcharge or removal of the fiduciary. The Surrogate’s Court has authority to supervise fiduciaries and resolve disputes. See Surrogate’s Court Procedure Act and related rules at https://www.nysenate.gov/legislation/laws/SCPA.
3. To require a formal accounting or to challenge an accounting already filed, you or another interested person may file objections or a petition for judicial settlement of accounts in Surrogate’s Court. The process brings the accounting before the court for review and makes the court decide whether to allow, disallow, or adjust items.
4. If assets were omitted because a creditor’s claim or another interest exists, you may also need to file a creditor’s claim or a petition to compel payment of estate obligations. Procedures for creditor claims and notices are governed by statutes and court rules referenced above.

6. If the will was wrongly admitted or there are questions about validity

If you believe the will was improperly admitted to probate (for example, forged signature, lack of testamentary capacity, improper execution), you may contest the probate. Will contests usually require filing a formal objection or litigation and follow special procedural rules in Surrogate’s Court. Because contests can be complex, many people consult an attorney experienced in will contests.

7. Practical steps to start the correction process

1. Obtain certified copies of the will, letters, and any filed inventory/accounting from the Surrogate’s Court file.
2. Write a concise list of the alleged errors or missing items with page references to the court file.
3. Contact the fiduciary (executor/administrator) in writing, ask for correction, and set a reasonable deadline.
4. If no voluntary fix occurs, file a petition or motion in Surrogate’s Court seeking the relief you need (order to file inventory/accounting, motion to correct, petition for accounting, or petition to remove or surcharge the fiduciary).
5. Prepare to provide evidence: bank statements, appraisals, title documents, communications with the fiduciary, and witness statements.

8. Time limits and procedural rules

Many probate-related actions have specific procedural steps and deadlines. For example, contests to probate and claims against an estate may be subject to time limits and notice requirements found in the Estates, Powers & Trusts Law and the Surrogate’s Court Procedure Act. Consult the statutes and the Surrogate’s Court rules at https://www.nysenate.gov/legislation/laws/EPTL and https://www.nysenate.gov/legislation/laws/SCPA and check the local Surrogate’s Court practice rules on the court’s website: https://www.nycourts.gov/courts/surrogates/. Because deadlines can be strict, start promptly.

9. When to get a lawyer

Consider hiring a New York probate attorney if:

• The executor refuses to cooperate.
• There are allegations of misconduct, theft, or large omitted assets.
• The matter involves complex accounting, contested will validity, or claims with significant value.
• You need to file formal petitions or contest proceedings in Surrogate’s Court and want experienced court advocacy.

Attorneys can file petitions, represent you at hearings, and advise on remedies and likely outcomes.

Helpful Hints

• Start by reviewing the Surrogate’s Court docket and requesting certified copies of the estate file — it will show exactly what was filed and when.
• Keep a written record of all communications with the executor and the executor’s attorney. That record can be important evidence if you must go to court.
• Ask the Surrogate’s Court clerk about local rules and forms; each county may have particular procedures and fee schedules.
• Document and preserve potential evidence of estate assets: bank records, deeds, retirement account statements, and appraisals.
• If a correction is minor, propose a short, written fix (amended inventory or affidavit) before escalating to court; courts favor cooperation when possible.
• If you suspect fraud or theft, notify the court promptly and consider contacting law enforcement for criminal concerns in addition to civil remedies.
• Be mindful of deadlines. Even if you plan negotiation, preserving your right to file a petition or objection may require prompt action.
• Use official resources: New York statutes at SCPA and EPTL, and Surrogate’s Court information at nycourts.gov.