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Thomas A. Sirianni, Esq.
Practice Area

How do I contest a will or hold an executor or trustee accountable?

Reviewed by Thomas A. Sirianni, Esq. — July 2026

Trust and estate litigation in New York covers will contests, trust disputes, breach of fiduciary duty claims, and accounting proceedings, most of which are heard in Surrogate's Court. Beneficiaries can challenge a will based on lack of capacity, undue influence, fraud, or improper execution, and they can compel executors and trustees to account for every dollar handled — with surcharges and removal available when fiduciaries breach their duties.

Cases I Handle in Trust & Estate Litigation

Will contests based on undue influence, lack of capacity, or fraud
Petitions to compel accountings from executors and trustees
Removal of executors, administrators, and trustees
Breach of fiduciary duty claims and surcharge proceedings
Construction proceedings to interpret ambiguous wills and trusts
Discovery and turnover proceedings under SCPA § 2103
Spousal right of election claims
Defense of fiduciaries against beneficiary challenges

Are You Dealing With Any of These Situations?

A parent changed their will weeks before death and disinherited certain children
Executor refuses to provide an accounting or distribute assets
Trustee is mismanaging assets, self-dealing, or charging excessive fees
Caregiver or new spouse appears as primary beneficiary of a last-minute will
Surviving spouse was cut out and wants to claim their elective share
Beneficiary suspects assets are missing or were transferred before death

Relevant New York Laws

SCPA Article 14

Surrogate's Court Procedure Act provisions governing voluntary and compulsory accountings by executors, administrators, and trustees. Beneficiaries can compel a fiduciary to render and judicially settle their accounts.

SCPA § 711

Authorizes the suspension, modification, or revocation of letters issued to a fiduciary for misconduct, dishonesty, improvidence, or failure to obey court orders.

EPTL § 5-1.1-A

New York's right of election statute. A surviving spouse is entitled to the greater of $50,000 or one-third of the net estate, regardless of what the will provides.

EPTL Article 11

Establishes the fiduciary duties of executors, administrators, and trustees, including the duty of loyalty, the prudent investor rule, and the duty to account.

Frequently Asked Questions About Trust & Estate Litigation

You generally must file objections during the probate proceeding, before the will is admitted. Once a citation is served, you typically have until the return date — often only a few weeks. After probate, the time to vacate is much narrower, so act immediately upon learning of the will.

The four primary grounds in New York are lack of testamentary capacity, undue influence, fraud, and improper execution (failure to meet the formalities of EPTL § 3-2.1). Revocation by a later will is also a basis to object.

Yes. Under SCPA Article 14, any interested party can petition the Surrogate's Court to compel a fiduciary to account. The executor must then file a formal accounting showing every receipt, disbursement, and proposed distribution, subject to objections.

Yes. SCPA § 711 authorizes removal of fiduciaries for misconduct, dishonesty, improvidence, or failure to obey court orders. Self-dealing, commingling funds, and breach of the prudent investor rule are common bases for removal and surcharge.

Under EPTL § 5-1.1-A, a surviving spouse is entitled to the greater of $50,000 or one-third of the deceased spouse's net estate, regardless of what the will provides. The election must be made within six months of letters issuing — strict deadlines apply.

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