Most probate cases in Nassau County move quietly. A petition is filed, the distributees sign waivers, and the Surrogate signs a decree admitting the will within a few months. But sometimes a family member, a disinherited child, or an interested party raises an objection — and the matter becomes a contested probate. When that happens, the calm administrative process turns into adversarial litigation inside the Nassau County Surrogate’s Court in Mineola, governed by the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL).
This page explains, for Long Island families, how a will contest actually unfolds in Nassau County: who can object, on what legal grounds, the procedural steps, the realistic timeline, and the costs involved. Attorney Russel Morgan, Esq. and the team at Morgan Legal Group handle contested probate on both sides — defending a will offered for probate and prosecuting objections on behalf of those wrongly excluded.
If you have not yet reviewed how ordinary probate works, start with our probate overview and our guide to Surrogate’s Court, then return here to understand what changes when a will is contested.
What “Contested Probate” Means in Nassau County
In an uncontested case, the executor named in the will files a Petition for Probate with the original will and a certified death certificate, secures the consent of the decedent’s distributees (the people who would inherit if there were no will), and the Surrogate issues a decree followed by Letters Testamentary under SCPA §1414. Those Letters are the executor’s legal authority to act.
A case becomes contested when a person with legal standing files objections challenging the will before it is admitted. Once valid objections are filed, the Nassau County Surrogate’s Court will not simply sign the decree on the return date. Instead, the proceeding shifts into a discovery-and-litigation track that can resolve by settlement, by motion, or — in the rare case — by trial before the Surrogate.
Because the will has not yet been admitted, the named executor may have no authority to manage estate property during the dispute. To bridge that gap, the petitioner can ask the court for Preliminary Letters Testamentary under SCPA §1412, which grant interim authority to collect and protect assets while the contest is pending. In a contested Nassau matter, securing preliminary letters early is often critical so that real property in places like Garden City, Hempstead, or Long Beach, and accounts at local institutions, do not go unmanaged.
Who Can Contest a Will
Not everyone unhappy with a will may object. New York law limits standing to interested persons — generally those whose share of the estate would be reduced if the will were admitted. The most common objectants in Nassau County include:
- Distributees (next of kin under EPTL intestacy rules) who would inherit more without the will, or who were left out entirely;
- Beneficiaries under a prior will who received more under the earlier document;
- Persons named as fiduciaries in an earlier instrument.
When a will leaves out someone who would otherwise inherit, the Surrogate’s Court requires that distributee to receive notice. Jurisdiction over distributees is obtained either by a signed waiver and consent or, when they will not consent, by service of a citation directing them to appear on a return date. A distributee served with a citation is the person positioned to file objections.
Legal Grounds to Object to a Will
Objections in a Nassau County will contest must rest on recognized legal grounds, not mere disappointment. The principal grounds are:
| Ground | What the objectant must show |
|---|---|
| Improper execution | The will was not signed and witnessed as EPTL §3-2.1 requires (two witnesses, proper attestation). |
| Lack of testamentary capacity | The decedent did not understand the nature of making a will, the extent of their property, or the natural objects of their bounty at signing. |
| Undue influence | A person in a position of trust overcame the testator’s free will, often by isolating or pressuring a vulnerable testator. |
| Fraud | The testator was deceived into signing or into specific provisions. |
| Duress / forgery | The signature was coerced or not genuine. |
| Revocation | A later valid will or physical act revoked the document offered. |
In Nassau County practice, a key procedural milestone is the SCPA §1404 examination — depositions of the will’s attesting witnesses (and, where applicable, the attorney-drafter) that a potential objectant may conduct before deciding whether to file formal objections. These pre-objection examinations let counsel assess execution and capacity before committing to a full contest, and they are a standard early step in Nassau will disputes.
The Steps of a Contested Probate in Nassau County
While every case differs, contested probate in the Nassau County Surrogate’s Court generally follows this sequence:
- Petition and citation. The proponent files the Petition for Probate, original will, and certified death certificate. Distributees who do not sign waivers are served with a citation to appear in Mineola.
- Appearance and §1404 examinations. Interested parties appear on the return date. A potential objectant may demand SCPA §1404 depositions of the attesting witnesses and request the drafting file.
- Filing objections. After the examinations, the objectant files formal verified objections stating the grounds.
- Discovery. The parties exchange documents and conduct depositions — medical records, financial records, and testimony bearing on capacity and influence.
- Motions. The proponent often moves for summary judgment to dismiss objections that lack evidentiary support; objectants may cross-move.
- Resolution. Most contested Nassau matters settle. If not, the Surrogate (or, on demand, a jury on certain issues) decides at trial.
- Decree and Letters. If the will survives, the Surrogate admits it and issues Letters Testamentary under SCPA §1414. If it fails, the estate passes under an earlier valid will or by intestacy, and letters of administration issue instead.
For more on what happens once Letters issue and the executor takes over, see our page on executor duties.
Timeline and Cost on Long Island
An uncontested Nassau probate typically resolves in about three to six months. A contested case is a different animal: full discovery, motion practice, and a possible trial frequently push a will contest to one to three years, depending on the complexity of the issues and the court’s calendar.
Costs scale with the fight. While a routine uncontested probate often runs in the $3,000 to $10,000 range in attorney’s fees, a litigated contest involving depositions, expert review of capacity, and motion practice will exceed that, because the work is measured in litigation hours rather than a fixed administrative task.
The court filing fee for a probate petition is graduated by the value of the estate under SCPA §2402 — there is no single flat number. Because the schedule and the value bands are set by statute and updated over time, confirm the exact fee for your estate with the Nassau County Surrogate’s Court or with counsel before filing. Do not rely on a number you read online.
A note on taxes, since they often surface in contested estates: New York’s 2026 estate tax basic exclusion is $7,350,000. New York also applies a “cliff” — if a taxable estate exceeds 105% of the exclusion ($7,717,500), the exclusion phases out and the entire estate becomes taxable, not just the excess. Long Island estates with appreciated Nassau real estate can approach these thresholds faster than families expect, which raises the stakes in a contest over who controls and inherits the property.
Avoiding a Contest — and Small-Estate Alternatives
The best contest is the one that never happens. A properly drafted, properly executed will — ideally with a contemporaneous record of capacity and, where appropriate, a no-contest (in terrorem) clause — discourages litigation. Families with friction should plan deliberately rather than leave ambiguity for the Surrogate to resolve.
Where the decedent’s personal property is modest and there is no real property requiring transfer, the estate may qualify for voluntary administration under SCPA Article 13 — a streamlined affidavit procedure that is faster and far less expensive than full probate. Note that real property is generally excluded from Article 13, so most Long Island homeowners’ estates still proceed through standard probate. Learn more on our small estate affidavit page.
Why Work With Morgan Legal Group
Contested probate is litigation, and it rewards preparation. Whether you are an executor defending a will your loved one signed in good faith, or a child or sibling who believes a vulnerable parent was pressured into changing an estate plan, the early decisions — preliminary letters, §1404 examinations, the timing of objections — shape the outcome. Attorney Russel Morgan, Esq. and Morgan Legal Group represent clients on both sides of will contests throughout Nassau County and Long Island.
Schedule a consultation with Russel Morgan, Esq.
Frequently Asked Questions
How long do I have to contest a will in Nassau County?
There is no single fixed deadline, but timing is critical: objections must be raised in the probate proceeding before the will is admitted. Once a distributee is served with a citation, the return date and any extensions set the practical window. The SCPA §1404 examination of witnesses generally happens before objections are filed, so act promptly when you receive notice from the Nassau County Surrogate’s Court and consult counsel immediately.
What is the difference between Letters Testamentary and Preliminary Letters?
Letters Testamentary (SCPA §1414) are the executor’s full authority, issued only after the will is admitted to probate. Preliminary Letters Testamentary (SCPA §1412) grant interim authority while a contest is pending, so estate assets can be protected before the dispute is resolved. In a contested case, preliminary letters are often essential because final letters may be months or years away.
Can a contested probate be settled without a trial?
Yes. The large majority of contested probate matters in Nassau County resolve by negotiated settlement or by motion (such as summary judgment) rather than a full trial before the Surrogate. Trials do occur, but most families reach agreement after the §1404 examinations and discovery clarify the strength of the objections.
What happens to the estate if the will is rejected?
If objections succeed and the will is denied probate, the estate is administered under the most recent valid prior will, or — if none exists — under New York’s intestacy rules in the EPTL. In that case the court issues letters of administration rather than Letters Testamentary, and an administrator (not the named executor) manages the estate.
Does the New York estate tax affect a contested estate?
It can. The 2026 New York basic exclusion is $7,350,000, with a cliff at $7,717,500 (105%) above which the whole estate is taxable. Nassau County real estate values can push estates toward these thresholds, so resolving the contest does not end the planning — the estate’s tax exposure should be evaluated with counsel. Confirm current figures with tax.ny.gov.
This page is general legal information for Long Island (Nassau County) residents, not legal advice. For guidance on your specific estate, consult an attorney. Official New York court information is available at nycourts.gov, statutes at nysenate.gov, and estate tax guidance at tax.ny.gov.
Further reading from Morgan Legal Group: when you should bring in a probate attorney.