Who can contest a will in New York?

What the Law Says

New York law limits who may object to a will to those with legal standing—meaning they must have a direct financial interest that would be affected by the will’s admission to probate.

Under New York Surrogate’s Court Procedure Act (SCPA) § 1401, only individuals who would inherit under intestacy laws (i.e., 'distributees') or who are named in a prior will have standing to contest a will. This includes spouses, children, parents, siblings—or anyone else who would receive property if the decedent died without a will.

Creditors may also petition to contest a will—but only if their claim is valid and timely, and the will’s terms would impair their ability to recover. However, mere disappointment or moral objections do not confer standing.

The law does not allow distant relatives, friends, or charitable organizations (unless named as beneficiaries) to contest unless they can show a direct, pecuniary interest.

Statutory Text

Any person interested may object to the probate of a will upon the ground that the instrument offered for probate is not the last will of the testator.

— SCPA § 1401 — Objections to probate

Statutory Text

A person interested includes a distributee, a beneficiary under a prior will, or a creditor whose claim is unpaid and would be affected by the probate.

— SCPA § 105(9) — Definition of 'person interested'

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