Updated September 7, 2026. Quick answer: New York has no dedicated will-contest statute of limitations. The figure that actually governs is no fixed statutory window, running from objections are a PRE-decree filing (10 days after an SCPA 1404 examination, if requested); post-decree, only a 30-day appeal or a discretionary motion to vacate remains.
How long do you have to contest a will in New York?
| Deadline to contest an admitted will | no fixed statutory window |
| What starts the clock | objections are a PRE-decree filing (10 days after an SCPA 1404 examination, if requested); post-decree, only a 30-day appeal or a discretionary motion to vacate remains |
| Dedicated will-contest statute? | No; this is a general probate-appeal / vacate-the-order deadline |
“Any person whose interest in property or in the estate of the testator would be adversely affected [by probate]…must be filed on or before the return day of the process or on such subsequent day as directed by the court…if an examination is requested pursuant to 1404, objections must be filed within 10 days after the completion of such examinations.”
Source: SCPA § 1410
What makes New York different
New York has no fixed statutory deadline to contest a will after probate at all; objections must be raised before the probate decree is entered, and once it is, the only paths are a 30-day appeal or a discretionary motion to vacate for fraud or newly discovered evidence with no fixed statutory time limit. The controlling authority is SCPA § 1410, and the window runs from objections are a PRE-decree filing (10 days after an SCPA 1404 examination, if requested); post-decree, only a 30-day appeal or a discretionary motion to vacate remains.
What happens once this deadline passes?
Once the window above closes, New York’s probate of the will generally becomes final and binding on everyone who had the chance to object, subject only to the tolling or discovery exceptions described above; a separate objection New York allowed at the original probate hearing does not reopen or extend it.
Sources
| Statute / rule | SCPA § 1410 |
| New York courts (general reference) | New York judicial branch |
| New York (additional reference) | New York.gov |
| New York (further reference) | New York.gov |
| Confidence | High |
Every statute or rule quoted on this New York page was read directly from the state’s own legislature/court/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; whether a specific contest is still timely can turn on facts (exactly when notice was given, how the will was probated, whether a disability applies) that only your own New York probate court file can confirm.