I need to know how to file an objection in surrogate court without legal counsel?

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I need to know how to file an objection in surrogate court without legal counsel?

I need to file an objection by 12/15  in Surrogate Court, I have no legal counsel, as I can’t afford it and need to know what forms I need to file and how to obtain them.

Asked on November 17, 2010 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An objection to a Will is covered under the Surrogate's Court Procedure Act section 1410.  I would go down to the Surrogate's Court and ask them where you can look up the requirements or find a form that would give you the basics that you can copy.  I say this because the Surrogate's Court clerks are generally the nicest around and will guide you without giving legal advice.  Sometimes these forms are pre-printed (like a Blumberg form) and sometimes you just have to set forth the objections clearly and concisely in an affidavit.  Be aware that there is a $150 filing fee in New York to file the form.  Good luck.


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