A thick envelope arrives from the Kings County Surrogate’s Court. Inside is a legal document called a “Citation,” notifying you of a hearing for your late aunt’s estate. You haven’t seen her in years. The document is filled with dense legal language, but the date and time are clear. Do you need to take a day off work to go to court in Brooklyn for someone you barely knew? The answer—like much in estate law—depends entirely on your role in the proceedings.
For many families, the word “probate” conjures images of a lengthy, contentious courtroom battle. In reality, the initial hearing is often a straightforward administrative step. But your attendance, or lack thereof, has significant legal consequences.
What the Court Seeks to Accomplish
The first probate hearing is not a trial. It exists to give the Surrogate’s Court jurisdiction over the estate. The judge must validate the decedent’s Last Will and Testament and formally appoint the person named in the will as the executor. The executor is the fiduciary entrusted with managing the estate—paying its debts, gathering its assets, and ultimately distributing them to the beneficiaries.
If everyone is in agreement, this can be a brief affair. But the hearing is also the designated time and place for anyone with legal standing to raise an objection. This is the moment to formally contest the will or object to the nominated executor. Your decision to attend hinges on whether you intend to consent or to object.
Your Role Determines Your Obligation to Appear
Not everyone involved in an estate has the same responsibilities. Your relationship to the decedent and your stake in the outcome dictates whether your physical presence in court is necessary, advisable, or irrelevant.
If You Are the Nominated Executor
If you are named in the will to serve as executor, your attendance—or that of the attorney you’ve hired to represent the estate—is almost always required. This hearing is where the court formally grants you the authority to act. You are petitioning the court for Letters Testamentary, the official documents that allow you to open an estate bank account, sell property, and manage assets. Your presence signals your willingness to accept this profound fiduciary duty.
If You Are a Beneficiary Who Agrees with the Will
Perhaps you are named as a beneficiary in the will and have no reason to doubt its validity. You trust the nominated executor to act honorably. In this situation, you likely do not need to attend the hearing. Instead, your attorney can file a “Waiver and Consent” form on your behalf. This document informs the court that you received notice, agree with the will being probated, and consent to the appointment of the executor. Signing it streamlines the process and tells the court you have no objections. It is an efficient and common step in uncontested probates.
If You Are a Family Member with Grounds to Object
This is the critical scenario where attendance is paramount. You might be a disinherited child, or a beneficiary of a prior will who was cut out of the most recent one. The law provides you with a formal opportunity to be heard—but you must seize it. Under New York’s Surrogate’s Court Procedure Act § 1410, an individual whose financial interest would be harmed by the will’s admission to probate has the right to file objections.
Simply not liking the will’s terms is not a valid objection. You must have grounds to challenge its legality—such as lack of testamentary capacity, undue influence, improper execution, or forgery. The initial hearing is where you or your attorney must appear and state your intention to contest the will. Failing to appear can be interpreted by the court as a waiver of your right to object, effectively allowing the will to be probated without your input.
Representation is Not the Same as Attendance
Choosing not to attend a hearing does not mean your interests are unprotected. An attorney can appear on your behalf to perform a specific function—to consent to the probate, to question the proceedings, or to formally announce a will contest.
An appearance by counsel ensures your position is on the record, even if you are out of state or unable to be there. For an objectant, legal representation is not just advisable; it is the mechanism by which your challenge is properly initiated. For a consenting beneficiary, it provides a layer of professional oversight, ensuring the waiver you sign is appropriate and that the proceedings are moving forward correctly.
The probate process is designed to be orderly and deliberate. That formal notice from the court is not an invitation you can ignore. It is a summons to engage with the stewardship of a family’s legacy. How you engage is a decision that should be made with intention.
If you have received a probate citation and are unsure of your rights, the prudent first step is to have the document reviewed by an estate litigation attorney. We can provide a confidential assessment of the notice, explain your specific standing in the matter, and outline the consequences of attending—or not attending—the court date.
