Someone Said the
Will Was Wrong.
When a family member files an objection to a will in New York, the entire estate — including the Buffalo house — can be frozen while Surrogate’s Court adjudicates the dispute. Here’s what that means for the property, the timeline, and what families can do while the case works through the court system.
The Four Legal Grounds for Contesting
a Will in New York
New York Surrogate’s Court Procedure Act allows any interested party to file an objection to the admission of a will to probate. There are specific legal grounds that must be alleged — not every family disagreement qualifies. Here are the four grounds recognized by New York courts.
Undue Influence
The most frequently alleged ground. The objector claims that someone — often a caregiver, child, or romantic partner — used improper pressure or manipulation to control the testator’s decisions and override their true wishes. Proving undue influence requires demonstrating that the influencer had both opportunity and motive, and that the resulting will reflects their preferences rather than the deceased’s.
Lack of Testamentary Capacity
The objector claims the deceased did not have the legal mental capacity to make a will at the time of execution. In New York, testamentary capacity requires understanding the nature of the act, the nature and extent of one’s property, the natural objects of one’s bounty (family), and how those elements combine in the will. Dementia and cognitive decline are the most common bases for this claim.
Fraud or Forgery
The objector claims the will contains a fraudulent provision the deceased did not intend — often because they were deceived about what they were signing — or that the signature itself was forged. Forgery claims require handwriting expert testimony and are the most difficult to establish. Fraud claims focus on whether the testator was deceived into signing under false pretenses about the document’s content.
Improper Execution
New York law requires specific formalities for a valid will — the testator must sign in the presence of two witnesses, and each witness must sign in the testator’s presence. If these formalities were not properly observed, the will may be invalid regardless of the testator’s intentions. Improper execution cases often arise from informal, homemade wills or situations where proper attestation was not completed.
What Happens to the Buffalo House
While the Will Is Disputed
The estate property doesn’t stop costing money while Surrogate’s Court processes the contest. Here’s what the situation typically looks like during an active will dispute.
The Estate Is Frozen
Until the will contest is resolved — through settlement, withdrawal of objections, or a court decision — the estate’s assets cannot be distributed. The executor cannot complete the sale of the property without court approval or resolution of the dispute, and no proceeds can be distributed to any party.
Carrying Costs Keep Accruing
Property taxes, insurance, utilities, HOA dues — all continue accumulating against the estate during the dispute. A will contest that takes 18–24 months to resolve can consume $15,000–$25,000 in carrying costs on an average Buffalo-area home.
The Executor May Still Have Limited Authority
Depending on how letters testamentary were issued, the executor may retain authority to manage and maintain the property — pay bills, keep it insured, prevent deterioration — even while the underlying distribution dispute proceeds. An estate attorney can clarify the scope of executor authority during the contest.
Court Approval Can Authorize a Sale
In some contested will situations, all parties — including the objecting party — may agree to allow the property to be sold while the legal dispute about distribution continues. The sale proceeds are held in escrow pending resolution. This stops the carrying cost bleeding without requiring the dispute to be resolved first.
How a Will Contest Moves Through
Erie County Surrogate’s Court
Every will contest is different — some resolve in weeks through settlement, others take years. This is the typical progression through the court system.
Objections Filed Before Probate Is Granted
Interested parties must file objections with Erie County Surrogate’s Court before the will is formally admitted to probate. This initiates the contested proceeding and places the estate in disputed status.
Discovery and Disclosure Period
Both sides exchange documents, medical records, financial records, and depose witnesses. This phase often takes 6–12 months in complex cases. The depth of discovery depends heavily on the grounds alleged and the facts in dispute.
Court-Ordered or Voluntary Mediation
Erie County Surrogate’s Court may direct the parties to mediation before trial. Many contested will cases resolve at mediation — particularly when all parties acknowledge the cost and uncertainty of going to trial and the ongoing drain of carrying costs on the estate.
Settlement Agreement — Most Cases End Here
The majority of New York will contests settle before trial. Settlements typically involve some redistribution of the estate among the disputing parties in exchange for withdrawal of objections. Once a settlement is reached, probate can proceed and property sales can close.
Surrogate’s Court Trial — If No Settlement
Cases that reach trial can take 2–5 years from the initial objection filing. The Surrogate acts as the trier of fact (no jury in Surrogate’s Court for most will contests). Either party may appeal, extending the timeline further. Trial is typically the worst outcome for the estate’s financial position.
Selling the Property During or After a Will Contest
NCB can’t resolve a will dispute — that’s the court’s job. But in some contested will situations, we can help the family reach a decision point that actually moves things forward.
A Concrete Offer Can Break a Settlement Deadlock
In many contested will situations, the disputing parties can’t agree on what the property is worth, or whether a sale should happen at all. A written cash offer from NCB gives every party — the executor, the named beneficiaries, and the objecting party — a concrete, verifiable number. Sometimes a real offer, with a real timeline and a real closing date, is the fact that finally moves settlement negotiations forward. When parties are fighting over hypothetical property values, a cash offer removes the hypothetical.
Three Paths to Selling During a Contest
All Parties Agree to Allow the Sale
If the executor and all interested parties — including the objecting party — consent to the property sale while the distribution dispute continues, the sale can proceed with court approval. Proceeds are held in escrow pending resolution. This stops carrying costs without resolving the underlying legal dispute.
Settlement Resolves the Contest First, Then Sell
The most common path. Once a settlement is reached and the objections are withdrawn, the will proceeds to probate normally. The executor then has authority to sell the property with all parties in agreement — and NCB can close in 7–14 days from that point.
Emergency Court Order for Immediate Sale
In cases where the property is deteriorating rapidly, carrying costs are threatening to exhaust the estate, or immediate sale is demonstrably in all parties’ best interests, the executor can petition the Surrogate’s Court for emergency authorization to sell. Courts grant these petitions when the circumstances justify it — typically when continued delay causes more harm than the uncertainty of the underlying dispute.
What Families Ask When a Will Is Being Challenged
Nickel City Buyers — Buffalo Estate Sales
Nickel City Buyers, LLC buys estate properties throughout Buffalo and Western New York — including properties involved in or recently resolved from contested estate proceedings. We work with executors, administrators, and estate attorneys in Erie County and Niagara County. Service areas include Cheektowaga, Tonawanda, Amherst, Lackawanna, Kenmore, West Seneca, Lancaster, Depew, Hamburg, Orchard Park, Williamsville, Clarence, East Aurora, Lockport, Niagara Falls, North Tonawanda, and surrounding communities.
Nickel City Buyers, LLC
3842 Harlem Rd STE 400-339
Cheektowaga, NY 14215
(716) 557-7005
nickelcitybuyers.com
Erie County Surrogate’s Court
- 92 Franklin St, 2nd Floor, Buffalo NY 14202
- Phone: (716) 845-2560
- Email: SurrogateCourt@erie.gov
- Hours: Monday–Friday 9AM–5PM
- Will contests governed by NY SCPA Article 14
- Four grounds: undue influence, incapacity, fraud, execution
- Most contests resolve through settlement before trial
- Court can authorize property sales during disputes
- Bar Association of Erie County: (716) 852-8687
- Legal Aid Bureau of Buffalo: (716) 853-9555
Ready When the Court Clears the Way
We can prepare your cash offer now — so when the contest resolves, we close fast. No delays, no contingencies, no additional stress on an already difficult situation.
Request a Cash Offer (716) 557-7005