Need Help Navigating Ny Probate—will Not Accepted Due To Technicalities

Location: Staten Island, New York

Hi all,

I’m handling a probate case in New York and have hit a frustrating and confusing roadblock. I’m hoping someone can shed light on the best path forward or what pitfalls to avoid.

Situation:

My aunt passed away, and has left me as the sole executor and beneficiary of her estate. As of now, I estimate about $150,000 positive equity after accounting for the assets and debts. This is including her primary residence in the middle of a foreclosure process — which I have been granted a stay on the court process, but has been given on the understanding I would be given executorship.

I submitted the original will to the Surrogate’s Court, but it’s being rejected for two main reasons:

1. The cover of the will was mistakenly stamped "FILE COPY." This was an error. It is the original—wet signatures, not a photocopy—but the court is treating it as suspect due to the stamp.
2. It arrived unstapled and late. The will was sent via mail, but it took over a month for the court to even log it. When they finally did, it was no longer stapled (even though it was when sent). Because of the delay and condition, the court has flagged it and won't accept it without further proceedings.

At this point, the clerks at the court are telling me I likely need an attorney to navigate this.

My understanding of options:

After speaking with an attorney, I was told I essentially have three options:

1. Litigate to prove the will. This would involve due process, potential testimony from witnesses, maybe even expert analysis. But I simply cannot afford the financial burden this would require.
2. Abandon probate and go through estate administration. This means the will is effectively disregarded. The deceased’s only sibling (a brother) would be next of kin. But he only survived the decedent by two days—so now I’m unsure if his wife or children can inherit/control the estate instead. This outcome would not reflect the wishes in the will, and could lead to a distasteful outcome. If it matters, I am the first born son of the brother -- but he was remarried at the time of his passing.
3. Let the state handle it. Eventually, New York would liquidate the estate and resolve any creditor claims. But again, this completely disregards the intent of the will and who the decedent actually wanted to inherit.

Has anyone dealt with a similar situation? What can be done regarding the will besides a lengthy and costly litigation process?

Also, how exactly does succession work if the closest kin dies shortly after the decedent? Does the spouse step in? Kids? I am one of four and am the eldest.

Any guidance—especially from NY practitioners—would be hugely appreciated. I'm doing my best to fulfill the wishes of the deceased, but the system feels incredibly inflexible and inaccessible right now.

Thanks in advance.