Determining whether to object to a will must be made in a limited time frame. The decision often involves a challenging process of weighing the chance of being disinherited with the likelihood of success in enforcing one's rights. The rules for discovery and examination are prescribed by statute and court rules and are rife with pitfalls for the uninitiated. The time to consult an attorney regarding a will contest or contested probate, whether as a beneficiary or designated executor, is as soon as possible after becoming aware that the testator has passed. Probate contests are estate litigation; they delay the admission of a will to probate and frustrate the testamentary plan.

The probate process also makes your will a public document, free for all who choose to come and read. All major credit collection agencies monitor the probate court filings. On the other hand, having a will and having it probated ensures that your will is subject to the supervision of the Surrogate's Court. That can be a good thing.

Because probate is a time consuming and potentially costly and combative process, some people opt out of the probate process by creating and transferring much of their property into revocable living trusts and by owning certain other property in a manner that lets it pass outside the will, outside probate. There are many advantages and certainly some risks to using revocable living trusts, other trusts and having property transfer by "operation of law" or by contract outside of a will.

Which process is best for you depends on your goals, your concerns, your values and your complexity threshold. Of course, if you don't have even a will, your estate will go through what is called "intestate administration" and be subject to the jurisdiction and control of the court. After probate and intestate administration are over, the process of Estate Administration continues.