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Will Contest Deadline in New York

In New York, objections to a will must be filed in the probate proceeding on or before the return day of the citation or a later date set by the court, and no-contest clauses are enforced regardless of probable cause except in listed safe harbors.

Last checked . General information, not legal advice.

New York at a glance

Deadline to contest
By the return date of the probate citation
No fixed number of months; if a SCPA 1404 examination is held, objections are due within 10 days after it is completed unless the court sets another time.
Clock starts
Return day of the probate citation
Or a later date set by the court.
No-contest clauses enforced
Yes, with safe harbors
Enforced despite probable cause, but certain actions are protected, such as a forgery or revocation claim based on probable cause or a construction proceeding.

Sources

Last checked

The rules in New York

How long do you have to contest a will in New York?

Deadline to contest in New York: By the return date of the probate citation. No fixed number of months; if a SCPA 1404 examination is held, objections are due within 10 days after it is completed unless the court sets another time.

When does the deadline to contest a will start in New York?

Clock starts in New York: Return day of the probate citation. Or a later date set by the court.

Are no-contest clauses in wills enforceable in New York?

Yes, with safe harbors. No-contest clauses enforced in New York: yes, with safe harbors. Enforced despite probable cause, but certain actions are protected, such as a forgery or revocation claim based on probable cause or a construction proceeding.

Where do the New York will contest deadlines come from?

The rules above come from N.Y. Surr. Ct. Proc. Act 1410 and N.Y. Est. Powers & Trusts Law 3-3.5. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Deadlines for will contests are often short and strictly applied. Knowing exactly which event starts the clock in the state where the will is probated, such as the date of admission, the date notice was mailed, or the date of publication, matters as much as knowing the length of the period.

Only people with a legal stake in the estate can usually contest a will, such as heirs who would inherit without the will or beneficiaries named in an earlier will. A contest also needs a recognized legal ground. Being disappointed with the amount left to you is generally not enough on its own.

A no-contest clause (also called an in terrorem clause) says a beneficiary who challenges the will loses their gift. Whether such a clause is enforced, and whether there is an exception for challenges brought with probable cause or in good faith, depends on state law. Anyone weighing a challenge, and anyone drafting a will, can check the state statute and may want to talk to a probate attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.