PROBATE & ESTATE ADMINISTRATION
New York Probate & Estate Administration Attorneys
Losing a loved one brings difficult decisions and unfamiliar responsibilities. Our attorneys guide executors, administrators, and families through New York probate and estate administration from Surrogate's Court proceedings and gathering assets to resolving estate obligations and distributing property to beneficiaries.
Probate Guidance
Estate Administration
Executor Support
Clear Direction
Navigate New York Surrogate's Court with experienced counsel.
Guidance from initial filing through final distribution.
Understand your duties and fulfill your fiduciary responsibilities.
Practical guidance at every stage of the estate process.
What Is Probate & Estate Administration in New York?
Probate and estate administration are legal processes used to settle a person's affairs after death. In New York, these proceedings generally taker place in the Surrogate's Court of the county where the deceased person was domiciled.
Probate -
When There Is a Will
Probate is the court proceeding used to establish the validity of a Will and, when appropriate, appoint the Executor named in the Will. Once authorized by the Surrogate's Court, the executor can administer estate assets and carry out the terms of the Will.
Administration-
When there is No Will
When someone dies without a Will, an administration proceeding may be necessary. The Surrogate's Court can appoint a qualified Administrator and issue Letters of Administration authorizing that person to collect and administer estate property according to New York Law,
Small Estate /
Voluntary Administration
Certain New York estates with $50,000 or less in qualifying personal property may be eligible for a simplified proceeding known as Voluntary Administration. Eligibility and the authority available through this procedure depend on the estate's circumstances and assets.
What To Do After a Loved One Dies
Locate the Will & Important Records
Identify the original Will, death certificate, financial records, deeds, account information, and other estate documents.
Identify Estate Assets
Determine what the decedent owned individually and distinguish probate assets from property that may pass by another method.
Determine the Appropriate Court Proceeding
Whether probate administration, or another proceeding is appropriate depends on the Will, assets, family circumstances, and other relevant factors.
Obtain Authority to Act
Where a court proceeding is required, the fiduciary generally needs appropriate authority from Surrogate's Court before administering estate assets.
Begin Estate Administration
Once authorized, the fiduciary can proceed with collecting assets, addressing obligations, maintaining records, and making appropriate distributions.
Our Probate & Estate Administration Services
Probate & Surrogate's Court Proceedings
Preparing and filing probate petitions, addressing notices and waivers, and guiding the proceeding through Surrogate's Court.
Estate Assets & Real Estate
Assisting with bank accounts, investments real property, business interests, and other estate assets.
Estate Administration Without a Will
Helping families obtain Letters of Administration and navigate New York intestate estate proceedings.
Executor & Administrator Guidance
Advising fiduciaries on their duties, responsibilities. best practices. and key decisions.
Maintaining appropriate records, preparing accountings when required, and guiding distributions and the conclusion of the estate.
Accounting, Distributions & Complex Estates
Creditor Claims & Estate Obligations
Helping fiduciaries identify and address debts, expenses, claims, and other obligations of the estate.
The New York Probate & Estate Administration Process
​1. Initial Estate Review​
We review the Will, family, assets and circumstances.
2. Surrogate's Court Filing
Prepare and file the appropriate petition and supporting documents.
3. Appointment of Fiduciary
Obtain Letters of Testamentary or Letters of Administration or other authority.
4. Identify & Collect Assets
Secure and marshal estate property.
5. Address Debts, Claims & Taxes
Resolve appropriate estate obligations.
6. Accounting & Distribution
Determine the distributable estate and make proper distributions.
7. Complete the Administration
Finalize remaining matters and conclude the fiduciary's work.
Understanding Your Responsibilities
as an Executor or Administrator.
An Executor or Administrator is a fiduciary and has legal responsibilities to the estate and its beneficiaries. New York Courts expressly describes these fiduciaries as having duties to the estate, including:​
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Safeguard Estate Property
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identify & Collect Assets
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Maintain Estate Records
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Address Debts & Claims
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Handle Tax Matters
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Distribute Estate Property to Beneficiaries
Situations That Cause an Estate To Become More Complex
When complications arise, our attorneys help protect the estate, resolve disputes, and keep the process moving forward.
Will Disputes
Business Interests
Missing or Unknown Heirs
Creditor Claims
Real Estate & Property
Fiduciary Disputes