New York Probate and Estate Administration Lawyers

When someone dies owning property in New York, the estate usually has to go through the Surrogate's Court before anyone can sell, transfer, or distribute that property. Schwartsman Law Group PLLC represents executors, administrators, and families in probate and estate administration in Brooklyn, Manhattan, Queens, the Bronx, Staten Island, and Nassau County. We prepare and file petitions, handle citations and waivers, request preliminary letters when an estate cannot wait, and guide fiduciaries through collecting assets, paying valid debts, and making distributions. Our attorneys are licensed to practice law in New York only. Call (212) 518-3868 or request a free consultation.

What probate and estate administration mean in New York

Probate is the Surrogate's Court proceeding that admits a will and appoints the executor named in it. The court must be satisfied that the will was properly executed and that the testator was competent (SCPA 1408 directs the court to inquire into both). It then issues letters testamentary, the document that banks, brokerage firms, co-op boards, title companies, and buyers ask to see before they deal with the estate.

Administration is the parallel proceeding when there is no will, or no will that can be admitted. The court appoints an administrator and issues letters of administration, and the estate passes to relatives in the order set by New York's intestacy statute, EPTL 4-1.1.

Either way, the court appointment is only the beginning. Estate administration is the work that follows: finding and protecting assets, dealing with creditors, filing tax returns, accounting to beneficiaries, and distributing what remains. We help with both stages, and we can step in at any point, including after a petition has stalled or a family disagreement has come up.

What usually passes through the court, and what does not

Assets titled in the decedent's name alone, such as a solely owned house, co-op shares, many bank and brokerage accounts without a beneficiary, and certain business interests, generally require probate or administration. Assets with a valid beneficiary designation, accounts or real estate held jointly with a right of survivorship, and property held in a funded revocable trust often pass outside the court process. One of the first things we do is separate the probate estate from non-probate assets. That sorting determines which proceeding is needed, which court fee applies, and whether a simpler small estate route is available.

Where to file: the county filing map for NYC and Nassau

Under SCPA 205, the proper venue for a New York domiciliary's estate is the Surrogate's Court of the county where the decedent was domiciled at death. Domicile can be a fact question, so we review it before filing. For someone domiciled outside New York who left property here, SCPA 206 places venue in a county where that property is located, and the court in which the first proceeding is started keeps jurisdiction.

Here is where filings typically go for the counties we serve most often:

• Kings County (Brooklyn): Kings County Surrogate's Court, 2 Johnson Street, Brooklyn. See our Brooklyn probate page and the Kings County Surrogate's Court guide.
• New York County (Manhattan): New York County Surrogate's Court, 31 Chambers Street. See Manhattan probate.
• Nassau County: Nassau County Surrogate's Court in Mineola. See Nassau County probate and the Nassau County Surrogate's Court guide.
• Richmond County (Staten Island): Richmond County Surrogate's Court, 18 Richmond Terrace. See Staten Island probate.
• Queens County: Queens County Surrogate's Court, 88-11 Sutphin Boulevard, Jamaica.
• Bronx County: Bronx County Surrogate's Court, 851 Grand Concourse.

Electronic filing. Filing rules differ by county and have changed recently. Under court administrative orders, e-filing through NYSCEF has been mandatory for specified new Surrogate's Court matters in Nassau County since December 22, 2021, and became mandatory for specified matters in the Bronx, Kings, Queens, and Richmond Surrogate's Courts effective June 30, 2026. Before every filing, including in Manhattan, we confirm the current filing requirements for that court and proceeding type.

Probating a will: how the petition works

A probate proceeding starts with a petition. SCPA 1402 lists who may file: typically the executor named in the will, but also legatees, devisees, creditors, and other persons interested in the estate.

If a family member questions the will, the matter can become contested. A no-contest (in terrorem) clause in a will is generally enforceable under EPTL 3-3.5, but the statute lists safe harbors, including SCPA 1404 examinations. We represent executors defending a will as well as beneficiaries who need to understand their options before they object.

For a deeper walk-through, see probating a will and our New York probate guide.

Preliminary letters when the estate cannot wait

Some estates need someone with authority right away: a house that must be insured or secured, a business that has to keep operating, an investment account that needs attention, or a pending sale. SCPA 1412 allows the named executor to request preliminary letters testamentary in writing after the probate petition has been filed and process has issued, or earlier if the court allows. When more than one will exists, priority goes to the executor named in the latest one. The court can limit the preliminary executor's powers and can require or dispense with a bond. Preliminary letters are revoked if the court ultimately denies probate. We assess early whether preliminary letters are worth requesting and can prepare the application alongside the main petition.

When there is no will: administration and intestacy

If the decedent left no valid will, a family member petitions for letters of administration. SCPA 1001 sets the order of priority for who may serve: the surviving spouse first, then children, grandchildren, a parent, siblings, and then other distributees, with preference to those entitled to the largest share. SCPA 1002 identifies who may file the petition.

The administrator then distributes the estate under EPTL 4-1.1. In broad terms:

• A spouse and children: the spouse receives $50,000 plus half of the remainder, and the children (or descendants of a deceased child, by representation) share the balance.
• A spouse and no children: the spouse takes everything.
• Children and no spouse: the children take everything.
• No spouse or children: the estate passes to parents, then to siblings and their descendants, then to more distant relatives in the order the statute sets.

Proving who the distributees are can be the hardest part of an administration case, especially with blended families, half-siblings, relatives overseas, or an estate that passes to cousins. Kinship proof often requires birth, marriage, and death records going back generations. Learn more on our intestate administration page.

Small estates: the Article 13 option up to $50,000

Not every estate needs full probate or administration. Under SCPA 1301, a small estate is one in which the decedent's personal property has a gross value of $50,000 or less. Families in that situation may be able to use voluntary administration under SCPA Article 13, often called the small estate affidavit process in Surrogate's Court.

The ceiling looks at personal property, such as bank accounts, a final paycheck, so the first step is a careful inventory of what the decedent owned and how each asset was held. We review that inventory with the family before choosing a route, because picking the right proceeding at the start avoids wasted filings. See small estate voluntary administration for details.

Surrogate's Court filing fees

SCPA 2402 sets the filing fee for probate and administration proceedings based on the size of the estate the petition covers.

Separate fees apply to certain later steps, such as filing objections or a jury demand, or a note of issue. This schedule has been in effect since 2003, but bills have been introduced in the Legislature that would change parts of it, including a much higher fee for very large estates. We confirm the current fee at the time of filing. These are court costs only. They do not include attorney's fees, which we discuss during your consultation.

Executor and administrator duties

Serving as a fiduciary carries real legal responsibility. A fiduciary can be held personally accountable for mistakes, so it helps to understand the job before accepting it. Core duties include:

• Securing and collecting assets: opening an estate account, retitling or liquidating accounts, protecting real estate, and keeping property insured.
• Identifying and notifying interested persons: beneficiaries, distributees, and anyone else with a stake in the estate.
• Handling creditors: reviewing claims, paying valid debts, and rejecting claims that are not valid.
• Filing tax returns: the decedent's final income tax returns, the estate's fiduciary income tax returns (New York's is due on the 15th day of the fourth month after the estate's tax year ends), and estate tax returns when required. For 2026 deaths, the New York estate tax basic exclusion amount is $7,350,000, and the federal basic exclusion amount is $15,000,000.
• Keeping records and accounting: tracking every receipt and payment so the fiduciary can account to the beneficiaries, either informally with releases or through a formal judicial accounting.
• Distributing the estate: paying legacies and the residuary as the will directs or as EPTL 4-1.1 provides.

Executors and administrators are generally entitled to statutory commissions under SCPA 2307, calculated on a sliding scale: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4,000,000, and 2% above $5,000,000. Half is allowed for receiving assets and half for paying them out. Some family members waive commissions; others take them. We explain the trade-offs, including tax consequences, before the fiduciary decides.

The seven-month creditor period

SCPA 1802 gives creditors seven months from the date letters are first issued to present claims. A fiduciary who, in good faith, pays claims or makes distributions after that period is protected from personal liability to a creditor whose claim was not presented in time. SCPA 1803 requires a claim to be in writing, state the facts and the amount, and be delivered to the fiduciary, including by certified mail. For this reason, many fiduciaries hold back full distribution until the seven-month period has run and known debts are resolved.

How long will probate take?

Every estate is different, and we do not promise a timeline. Timing depends on the court's workload, whether all distributees sign waivers, whether anyone has to be cited or cannot be found, whether real estate needs to be sold, and whether there are tax returns or disputes. For realistic expectations, read our quick answer on how long probate takes in New York and the stage-by-stage New York probate timeline.

How Schwartsman Law Group helps

We handle the full range of Surrogate's Court work for families and fiduciaries in New York City and Nassau County:

• Reviewing the will, identifying distributees, and choosing the right proceeding: probate, administration, or small estate.
• Preparing petitions, waivers, citations, and supporting affidavits, and responding when the court asks for more information.
• Requesting preliminary letters under SCPA 1412 when assets need immediate protection.
• Locating missing heirs and assembling kinship proof in administration cases.
• Guiding executors through asset collection, creditor claims, tax filings, accountings, and distributions.
• Representing executors and beneficiaries when a will is challenged.

Our Manhattan office is at 590 Madison Avenue, 21st Floor, and we work with clients throughout the five boroughs and Nassau County. If you are planning ahead rather than settling an estate, our estate planning team can help you organize your assets so your own family faces a simpler process.

Frequently asked questions

Do I need a lawyer to probate a will in New York?

Some simple estates are handled without counsel. In practice, petitions are often returned for missing information, citations must be served correctly, and fiduciaries take on personal responsibility for the estate. An attorney can help avoid delays and protect the executor, especially when there is real estate, a family dispute, or a relative who cannot be found.

Which court handles the estate if the decedent lived in Brooklyn but owned property in Manhattan?

For a New York domiciliary, venue is the county of domicile under SCPA 205. A Brooklyn resident's estate therefore generally goes to the Kings County Surrogate's Court even if the property is in Manhattan.

Talk to a New York probate attorney

If you have been named executor, have lost a family member who left no will, or are unsure whether an estate needs to go to court at all, we can help you sort out the next steps. Call (212) 518-3868 or request a free consultation. Schwartsman Law Group PLLC is licensed to practice law in New York only.

Letters of Administration

When there is no will, the Surrogate's Court appoints an administrator and issues letters of administration (SCPA Article 10). We prepare the petition, locate and notify the distributees, and handle the court's requirements for a bond, so the family can collect accounts and sell property.

Letters Testamentary

When there is a will, the court admits it to probate and issues letters testamentary to the executor (SCPA Article 14). We file the probate petition, obtain waivers or serve citations on the people entitled to notice, and respond to the court's questions so letters issue without avoidable delay.

Small estates

If the personal property is worth $50,000 or less, a simplified voluntary administration under SCPA Article 13 may be enough. See our small estate (voluntary administration) page.

Where we file

We appear in the Surrogate's Courts of Kings County (Brooklyn), New York County (Manhattan), Queens County, Richmond County (Staten Island), Bronx County and Nassau County, and we handle out-of-county and ancillary matters across New York State.