How can I obtain a copy of my grandmother's will?

Full question:

my grandmother passed. My sister is the executor. She said my grandmother didn't leave me anything. I don't believe her as this is not what my grandmother told me. I wrote to the county court and no will has been filed. How can I get a copy of the will? She picked a big fight with me after the funeral when I asked her about the will, and refuses to speak with me now. I think I may need to hire a lawyer? Thank you.

• Category: Wills and Estates
• Subcategory: Executors and Administrators
• Date: 04/07/2025
• State: New York

Answer:

When a person dies with a will, the executor's authority begins only after the will is probated. The executor, or executrix (female), is named in the will to manage the estate. If there's no will, the court appoints an administrator or administratrix.

Probate is the legal process where the court validates a will. The executor must file the will with a petition to admit it to probate and obtain letters testamentary, which grant them the authority to act on behalf of the estate.

As a sibling, you have the right to see the will. If it hasn't been filed yet, you can compel its filing by starting an action for Administration of the Estate, requesting to be named the Administrator. This process will require the production of the will in court.

While there's no strict deadline to file a will in New York, it should be done promptly. Delays can lead to penalties for the will holders if it disadvantages any party.

If you suspect your sister is breaching her fiduciary duty—such as denying you your inheritance—you should document your concerns in writing and send it via certified mail. If this does not resolve the issue, you may need to report her conduct to the appropriate Probate Court or consult a local probate attorney for specific guidance on how to proceed.