How Long Does A Probate Litigation Matter Actually Take?
In general, probate and estate litigation matters take a long time. The Surrogate’s Court has a lot of matters, and there is often only one judge. The judge is called the Surrogate. Surrogate’s have several court attorneys who help them, but there’s a backlog of matters that they have to deal with. Every motion or petition filed in the case could take several months or even years to resolve.
Everyone who has an interest in the estate has to be served with a Citation. Service can be waived by the individual, but if not waived, then they have to be served according to statute. If they are out of state, they can be served by mail. But if they are in-state, they have to be served personally. A process server or a friend can serve them personally. Once they’ve been served, they have the opportunity to file a response, which would be called an objection. From that set of documents, the court will set a date for a conference. At the conference, everyone involved gets together and discusses the matter.
If the parties can’t come to some form of resolution at that point, then the Court is going to schedule what’s known as discovery. Discovery is the opportunity for each side to demand documents and other information from the other side. Depositions can also be taken by each side. The deposition involves questions and answers before a public notary who is going to transcribe the questions that are asked and the answers that are given, and will then certify that they occurred. Those questions and answers are carried out under oath as if in court. During the process of discovery, everyone has the opportunity to discover all of the facts that are relevant to the case.
Once everyone is armed with all of the facts that are relevant to the case, they are in a position to assess the strengths and weaknesses of their case. Once they’re in a position to assess the strengths and weaknesses of their case, they can make an informed decision as to whether they want to settle, proceed to trial, or proceed to a hearing in the Surrogate’s Court. The entire process can sometimes take months and in some cases, years, but it depends upon how much information there is to discover. Oftentimes there is information from decades prior that is necessary in order to properly litigate the matter.
In the course of discovery (which is usually the largest phase and can take months to years if it’s a very significant matter) there are motions. People can make motions for summary judgment. Essentially, this means that after some facts are in, a person can say that as a matter of law, they’re entitled to the relief that’s requested, and no hearing is required. Generally, the purpose of the hearing by itself is to determine the facts of the case when there is a dispute about them. If there is no dispute regarding the facts, then the decision is a decision of law, and that’s where the judge can make a decision without a hearing to determine how the law should be applied to the undisputed facts.
If there isn’t a lot of money in the dispute or there are other reasons for the matter to be settled quickly, then litigants can come to a compromise, which they call a settlement. Usually no one walks away happy from a settlement, because in order to come up with a settlement, compromises have to be made. Although parties don’t walk away from settlements as happy as they might have if they had been successful, often, they are happier overall because the matter is over. Litigation is stressful, expensive, and time-consuming, but all of that goes away once a settlement has been reached. Even though the dollar value might be less than they wanted to receive or more than they wanted to pay, the overall quality of life is often increased because they don’t have to deal with these matters.
The other side of the coin is that they don’t have to worry about losing completely. Losing completely would mean losing the assets and the attorney’s fees. In the state of New York, attorney’s fees can only be obtained by agreement. Generally, there is no statute available for attorney’s fees in the Surrogate’s Court. So, there is value in shortening the case by agreeing on a settlement. If the case is small or the matter is simple, then it could be decided fairly quickly. Reasonably sized probate and estate litigation matters will take some time before they come to a resolution short of a settlement.
Akiva Shapiro, A Personal Attorney for Your Life, Business & Legacy
I call myself a personal attorney for your life, business and legacy. This is because I look to get a clear understanding of the client’s entire life from a holistic legal perspective. It’s important to understand where the client is coming from, where they’re headed, where they want to go, what they have and what they want to protect.
It’s about protecting your rights, assets, what you own and what you are entitled to. If an attorney doesn’t understand a client’s overall situation, then they won’t be able to protect their assets or properly represent them. It’s very important to look for an attorney who the client can relate to and feel comfortable with. If a person can find the type of attorney who has the skills to do the job, as well as the individual personal skills, then they are going to be happy with that attorney.
For more information on Timeline of Probate Litigation in New York, Long Island, Nassau or Suffolk County, a free phone consultation is your next best step. Get the information and legal answers you are seeking by calling (516) 806-0762 today.
Related Articles:
