A contractor finishes a major renovation on a Brooklyn brownstone, but the owner passes away before the final invoice is paid. The family’s executor, now in charge, is refusing to answer calls. In another family, a daughter who cared for her ailing father for years is shocked to discover a last-minute will, signed days before his death, that leaves everything to a newly hired caregiver. These are not just unfortunate situations; they are potential legal claims against a deceased person’s estate.
The term “suing an estate” is a bit of a misnomer. You do not file a lawsuit against an abstract entity. Instead, you bring a legal action against the estate’s personal representative—the executor named in the will or the administrator appointed by the court. These proceedings almost always take place in New York’s Surrogate’s Court, a specialized venue for wills, trusts, and estate matters.
My firm has spent decades in these courts, and I have seen that these disputes are rarely just about money. They are about fairness, broken promises, and the proper stewardship of a family’s legacy. But the court requires more than a feeling of injustice; it demands a valid legal basis for any claim.
Grounds for an Action Against an Estate
Most claims against an estate fall into one of three categories. Each has its own standards of proof and procedural hurdles.
1. Creditor Claims
This is the most straightforward type of claim. If the deceased person, or decedent, owed you money, you have the right to seek payment from their estate. This applies to unpaid loans, outstanding bills for goods or services, contract breaches, or personal injury claims that arose before the decedent’s death. The executor has a fiduciary duty to pay the legitimate debts of the estate before distributing assets to beneficiaries. If they fail to do so, a creditor can petition the court to compel payment.
2. Will Contests
This is what most people think of when they hear about estate litigation. A will contest is an objection to the validity of the will itself. It is not enough to feel the will is unfair. You must prove there was a fundamental legal flaw in its creation. The common grounds we see are:
- Lack of Due Execution: The will was not signed and witnessed according to the strict requirements of New York law.
- Lack of Testamentary Capacity: The person signing the will did not understand the nature of the document, the extent of their property, or who their natural heirs were.
- Undue Influence or Duress: Someone exerted improper pressure on the decedent, overpowering their free will and forcing them to create a will that benefited the influencer.
- Fraud: The decedent was intentionally deceived into signing the will.
Proving any of these is a high bar. The court presumes a will is valid, and the burden of proof is on the person challenging it.
3. Breach of Fiduciary Duty
An executor or administrator is a fiduciary. They hold a position of special trust and must act in the best interests of the estate and its beneficiaries. If they fail in this duty, they can be held personally liable. A breach can include self-dealing—selling estate property to themselves at a low price, for example—mismanaging assets, failing to account for all property, or unreasonably delaying the settlement of the estate. Beneficiaries who believe an executor is acting improperly can petition the court to have them removed and to surcharge them for any financial harm caused.
The Deadlines Are Not Suggestions
Time is a critical factor in any estate claim. The law sets firm deadlines, known as statutes of limitations, to promote the timely and efficient administration of estates. Missing one of these deadlines can permanently bar your claim, no matter how valid it is.
For example, a creditor must present their claim to the executor. Under Surrogate’s Court Procedure Act (SCPA) §1802, if the executor formally rejects your claim in writing, you have only 60 days from that rejection to file a lawsuit or petition the court. For general creditors, there is a broader seven-month period from the date the executor is appointed to formally present claims. While a claim may be presented after this period, the process becomes significantly more difficult.
Deadlines for will contests are also strict. The specifics depend on when and how the will was admitted to probate. Inaction is the primary risk. If you suspect an unpaid debt or a questionable will, you must act. The law does not wait.
What a Claim Involves
Bringing a claim in Surrogate’s Court is not a simple matter of filling out a form. It is a formal legal process that begins with filing a verified claim or a petition. This document must state the legal basis for your action and the relief you are seeking from the court.
From there, the case enters a discovery phase, where both sides can demand documents, take depositions—sworn testimony outside of court—and gather evidence. Many cases are resolved through negotiation or mediation before reaching a trial. If no agreement can be reached, a judge, and sometimes a jury in a will contest, will hear the evidence and render a decision.
These are often emotionally charged proceedings. They can pit family members against one another and expose deeply personal matters. A prudent legal strategy involves not only understanding the law but also managing the human element with a steady, objective hand.
If you believe you have a legitimate claim related to a New York estate, the first step is to organize all relevant documents—contracts, invoices, letters, emails, and a clear timeline of events. With that information in hand, we can schedule a confidential review to determine the legal viability of your position.
