Probate a Will

Probate is the legal proceeding through which a deceased person's Last Will and Testament is validated by the court, and an executor is appointed to administer the estate. After that, the assets of the decedent will be distributed according to the Will. While the overall framework of probate is similar in many states, New York's specific requirements can make it a challenging process, involving numerous steps and legal intricacies.

Probate Is a Complex and Lengthy Process

One of the primary difficulties of probate in New York is the length and complexity of the process. Several factors contribute to this:

1. Court Involvement: Probate proceedings in New York involve the Surrogate's Court, which can slow down the process due to court schedules and requirements.
2. Notification and Waiting Periods: Beneficiaries and potential heirs must be properly notified, and there are often waiting periods to allow interested parties to come forward or contest the will. Every distributee — anyone who would inherit under EPTL 4-1.1 if there were no will — must be cited in the probate proceeding — or sign a waiver and consent — even if the will leaves them nothing (SCPA 1403; SCPA 401).
3. Estate Taxes: Calculating and paying estate taxes, if applicable, can be complex and time-consuming, further delaying the process.
4. Asset Valuation: Determining the value of the deceased person's assets, especially for complex estates with various types of assets, can be a painstaking process.

Executor Responsibilities

In New York, the executor (or administrator, if there's no will) has substantial responsibilities, including:

1. Asset Collection: Identifying, gathering, and securing all of the deceased person's assets, from real estate to personal property.
2. Creditor Claims: Handling creditor claims and ensuring that valid debts are paid before distributing assets to beneficiaries.
3. Tax Obligations: Calculating and paying any state and federal estate taxes that may apply.
4. Accounting: Keeping detailed records and accounting to the beneficiaries, and to the court when the estate is judicially settled or an accounting is compelled (SCPA 2205, 2208).

Our counsel will help you and your family through each step.

New York County, Kings County, and Nassau filings

Where you file usually follows the decedent's domicile. Manhattan estates often go to New York County Surrogate's Court at 31 Chambers Street; Brooklyn estates to Kings County; Nassau estates to Mineola. See our pages on Manhattan probate and Nassau County probate for local practice notes. Filing fees under SCPA 2402 scale with estate size up to a $1,250 maximum for estates of $500,000 or more.

Waivers, citations, and preliminary letters

Distributees who sign acknowledged waivers speed jurisdiction. Those who do not must be cited and given a return date. When waiting for full letters would harm the estate—payroll, a pending sale, or account freezes—preliminary letters under SCPA 1412 may be available. We prepare the supporting papers so the court can see why interim authority is needed.

After the will is admitted

Letters testamentary let the executor collect assets, deal with creditors, and distribute under the will. Co-op boards and condo agents often demand extra transfer packages beyond court letters. Tax filings (estate income tax, final individual returns, and New York or federal estate tax when thresholds are met) should be sequenced with distributions. We coordinate with the family's CPA when elections affect beneficiaries.

Contests and construction issues

Objections may raise undue influence, lack of capacity, or defective execution under EPTL 3-2.1. Even without a full contest, ambiguous clauses can need construction. Early case assessment helps decide whether negotiation or litigation better serves the estate. Related reading: trusts and estates litigation and our probate and administration hub.

Court costs are set by statute; we explain expected filing fees before you authorize a petition. Call (212) 518-3868 or request a free consultation. Attorney Advertising.

Working with Schwartsman Law Group

We meet clients in Brooklyn (Avenue Z), Manhattan (590 Madison Avenue, 21st Floor), and Manhasset. Every engagement starts with facts: who needs help, what assets exist, and which court or agency will decide the next step. We are licensed to practice only in New York. Phone consultations and in-office meetings are available; call (212) 518-3868 or request a free consultation.

Documents that usually help at the first meeting

Bring government ID, any existing wills, trusts, powers of attorney, health care proxies, recent account statements, deeds or co-op proprietary leases, and a list of family members with addresses. For probate matters, a certified death certificate speeds filing. For Medicaid matters, multi-year bank history and an explanation of gifts matter. Incomplete packets cause adjournments and agency requests for more information.

Court costs versus legal fees

Surrogate's Court filing fees under SCPA 2402 and other court-set costs (for example court evaluator fees in Article 81) are separate from the firm's professional fees. These pages describe court costs where relevant; they do not quote firm fees. Ask about engagement terms in your free consultation.

Executor checklist after letters

Secure property, forward mail, notify Social Security and pension payers, open an estate EIN and account when appropriate, inventory date-of-death values, and calendar creditor and tax deadlines. Keep beneficiaries informed without promising dates the court process cannot guarantee. Optional creditor publication and the customary seven-month period before many final distributions shape timing even in friendly families.

Multi-state and international heirs

Manhattan and Brooklyn estates frequently involve heirs outside New York or outside the United States. Citation by publication, consular authentications, and translated documents can appear. We plan those steps when the family tree shows out-of-state distributees so return dates are realistic.