Even the most organized executor or estate administrator sometimes needs more time to prepare for a court proceeding or to complete administrative tasks. In those instances, an adjournment — a postponement of a scheduled court date — can be essential. However, requesting an adjournment requires following New York court procedures and meeting specific legal standards. Improper requests can frustrate the court and prejudice your position in the estate matter.
This guide explains when adjournments are appropriate, how to request one, what grounds courts consider, and the procedures specific to Surrogate's Courts in Brooklyn, Queens, and across New York.
When an Adjournment Is Necessary
Adjournments are appropriate in various estate administration situations:
- If you're unable to locate necessary documents before a scheduled hearing, an adjournment allows you time to search further.
- If an attesting witness isn't available on the scheduled court date but will be available in a few weeks, an adjournment can accommodate this.
- If you're negotiating a settlement with other heirs or beneficiaries and need more time to reach agreement, an adjournment gives parties the time necessary to work toward resolution.
- If the estate involves substantial taxes or complex financial matters and you need more time to prepare accounts or obtain tax clearances, an adjournment is appropriate.
- If your representative is ill or a conflict prevents appearance on the scheduled date, an adjournment accommodates this.
However, adjournments should not become routine or habitual. Courts have limited time, and frivolous or repeated adjournment requests frustrate judges and prejudice your credibility in the proceeding.
Grounds the Court Considers
New York courts have broad discretion in granting or denying adjournment requests, but they typically consider several factors:
- Legitimate cause: Valid reasons include unavailable witnesses, incomplete documents, pending tax matters, or active negotiations between parties.
- Time elapsed: If many months have passed since the case was filed and the matter is already significantly delayed, courts are less likely to grant further adjournments. Conversely, if it's early in the process, courts are often more flexible.
- Amount of additional time requested: An adjournment to the next available court date (typically 2-4 weeks away) is more likely to be granted than a request for a month or more.
- Opposition from other parties: If beneficiaries or heirs object to the adjournment, the court must weigh their desire to move forward against the justifying party's need for more time. Unopposed adjournments are almost always granted.
- Prior adjournments: If you've already requested multiple adjournments, courts are skeptical of further delay.
How to Request an Adjournment
The best adjournment request is made early and in writing. Don't wait until the day of the scheduled court appearance. Instead, as soon as you realize you need more time, draft an affidavit or letter requesting an adjournment.
A proper adjournment request should:
- Identify the case (case number, parties' names, and the court)
- State the reason for the request clearly and concisely
- Specify how much additional time is needed and the proposed new date
- Explain why the matter can't proceed as scheduled
The request must be served on all other interested parties: the other heirs, beneficiaries, or their representatives. In New York, service typically means mailing copies by first-class mail or delivering copies in person to each party at least 5 days before the court date. Keep proof of service (a certificate of service or affidavit of service) to show the court you've complied with service requirements.
File the request with the Surrogate's Court in the county where the case is pending. In practice, mailing it to the clerk or filing it electronically through NYCEF typically gets it to the judge's attention.
Finally, call the court in the days before the scheduled hearing to confirm that your adjournment request has been received and granted. Don't assume the request was granted without confirmation; follow up with the court.
Appearing in Court to Request an Adjournment
If you haven't secured a written adjournment before the court date, you can request one in person at the scheduled hearing. However, this is riskier; the judge has the matter in mind and may be less flexible.
If requesting an adjournment in court, stand when called and address the judge respectfully. Explain your reason clearly and concisely. Don't make excuses or elaborate unnecessarily; courts appreciate brevity and directness. State that you've served notice on other parties (if you have) and ask for an adjournment to a specific date.
Be prepared for the judge to ask questions: Why can't you be ready? How much time do you actually need? Are other parties opposing the adjournment? Have there been prior adjournments? Answer honestly and directly.
If the judge grants the adjournment, ask for the new court date and confirm the date in writing after leaving court. If the judge denies the adjournment, you'll need to proceed with the hearing as scheduled.
Adjournments Versus Remittals and Discontinuances
It's worth noting that adjournments are temporary postponements. The case remains pending; you simply don't appear on the scheduled date. Other options exist if you need to pause the case longer.
A remittal sends the case back to the lower court or a different forum (rare in probate). A discontinuance terminates the case entirely. These are different from adjournments and have different implications. If you're considering options beyond a simple postponement, discuss them with a qualified professional.
Additionally, in some situations, a stipulation or order postponing a deadline (rather than a court appearance) may be preferable. For example, if you and other parties agree in writing to extend the accounting deadline by 30 days, you may not need a formal court adjournment if no court appearance was scheduled.
Best Practices for Adjournment Requests
- Request adjournments early and in writing whenever possible. Don't wait until the last moment.
- Be honest about why you need more time. Courts respect honesty and are skeptical of vague or unclear requests.
- Propose a specific new date. Don't ask for an open-ended continuation; give the court a concrete date.
- Serve notice on all interested parties. Courts want to know whether everyone agrees to the adjournment or if parties are opposed.
- Minimize requests. After obtaining an adjournment, make every effort to be ready on the new date. Habitual adjournment requests damage your credibility.
- If you're working with professional advisors, let them handle adjournment requests. They know local court practices and judges' preferences.
How Keystone Pinnacle Can Help
Whether you're navigating an estate property sale, exploring investment opportunities, or need guidance through a complex real estate transaction, Keystone Pinnacle Property Advisors is here to help. Our team specializes in guiding families through the real estate aspects of estate settlement throughout Brooklyn, Queens, Nassau County, and the greater New York area.
Contact us today for a free consultation, or call (516) 703-6942 to speak with an advisor.
