New York Probate and Estate Settlement Lawyer

If you need help settling your loved one’s estate, please contact our office at the Law & Mediation Office of Bracha Etengoff. We will represent you in court and ensure the correct distribution of assets.

Administrating an estate can be an overwhelming and stressful experience. You’re coping with the death of a family member while trying to pay off debts, transfer property, and sell assets. Complications often arise, such as when assets are complex, the person died without a will, or the will is contested.

At our firm, you will receive personalized attention from an experienced and trusted New York probate and estate settlement lawyer. Our attorney will guide you through every step and protect your interests.

Call us today for your initial consultation at (347) 640-0993. We can meet with you by video or at a location most convenient for you, whether it’s our office or your home or office.

What happens during probate and administration proceedings in New York?

If a person died in New York with a will naming you as executor, you’ll typically file the original will, a certified death certificate, and a probate petition with the Surrogate’s Court in the county where they lived. The court will grant you letters testamentary, authorizing you to act on behalf of the estate. Your responsibilities will include paying debts and expenses, distributing the assets, and settling the remainder of the estate.

However, if your family member dies without a will, you must file an administration petition instead, along with a certified death certificate and a copy of the paid funeral bill. The court will determine whether you can serve as administrator of the estate. Often the administrator is a spouse or child. The parents, siblings, or others with an interest in the estate may be eligible too. If you qualify, the court will issue letters of administration, giving you similar powers as an executor.

A family tree affidavit or other documents may also be required, depending on who the surviving relatives are, which county the court is in, and many other factors.

What does it take to probate a will in New York?

Probating a will in New York means the court reviews and validates the will before appointing an executor, and the will must meet several legal requirements to be considered valid. In New York, the judge is called a Surrogate, and is responsible for overseeing the procedure and protecting the rights of everyone with interests in the estate.

A valid will requires multiple elements, such as:

• Age – The testator, the person who creates the will, is at least 18 years old
• Testamentary capacity – The testator is of sound mind and understands the actions they take by creating the will
• Voluntary action – The testator cannot be under duress or undue influence
• Signature – The testator and at least two witnesses must sign the document
• Declaration – The testator must inform the witnesses that the document they’re signing is the will at some point during execution

The person initiating the probate proceeding petitions the court for appointment as the estate executor. It is the executor’s responsibility to notify all beneficiaries named in the will, and family members who would inherit if the will is not valid, of the probate proceeding.

What are the steps in the New York probate process?

The New York probate process generally involves obtaining waivers or citations, filing the petition, inventorying assets, paying taxes and debts, and finally distributing property to beneficiaries. You must go through multiple steps when you begin the probate process:

1. Obtain waivers or citations – The proposed executor must either obtain waivers from family members who would inherit if the will is not valid, or ask the court to issue a citation setting a hearing date for those who wish to object.
2. File petition – The proposed executor must file a probate petition in the county of the deceased’s residence, along with the original will, a certified copy of the death certificate, and either the waivers or a request for citations.
3. Inventory the assets – Sometimes the executor must also have the deceased’s property appraised to determine its value.
4. Pay taxes and debts – The estate might be subject to various estate or income taxes. Sometimes the executor must sell some assets to satisfy the taxes and pay off the deceased’s debts.
5. Distribute property – Once the executor pays all debts and taxes owed, they can transfer the remaining property to named beneficiaries.

Estate administration is not simple, but the Law & Mediation Office of Bracha Etengoff believes in making the process easier and more efficient. For example, if you choose to, you can list and categorize estate assets and determine their value using inventory management software.

Whether you’re the executor, administrator, or beneficiary of an estate, you can count on your New York probate and estate settlement lawyer to handle every step. We are familiar with unique circumstances, such as ancillary probate for New York property when the main probate proceeding is in another state or country. We can also coordinate settling a New York estate that includes assets in other states or countries. And we have experience representing international clients and estates with assets in foreign countries, such as France and Canada.

How is inheritance determined when there’s no will in New York?

If someone dies without a last will and testament, New York’s intestate succession laws determine how the property will be distributed among the deceased’s closest relatives. For example, a surviving spouse inherits everything if the deceased left no descendants. Children or more remote descendants inherit everything if there is no surviving spouse. If the deceased left both a surviving spouse and descendants, the assets are divided between them.

Often, the division is not what the deceased would have wanted. For example, an unmarried life partner will inherit nothing, while a cousin the deceased never met could inherit everything. Therefore, it’s crucial to express your wishes through a will drafted by an experienced trusts and estates attorney.

Frequently Asked Questions About Probate and Estate Settlement in New York

How long does probate take in New York?
Probate timelines vary widely depending on the size and complexity of the estate, whether the will is contested, and how busy the local Surrogate’s Court is, but simple, uncontested estates often take several months to a year. More complex or contested estates can take considerably longer.

What is the difference between probate and administration?
Probate applies when the deceased left a valid will and involves the court validating that will and appointing the executor named in it, while administration applies when someone dies without a will and the court appoints an administrator instead. Both processes involve paying debts, filing paperwork with the Surrogate’s Court, and eventually distributing the assets.

Do all estates have to go through probate in New York?
Not necessarily — assets held in a trust, jointly owned property, and accounts with named beneficiaries often pass outside of probate. Whether a specific estate needs to go through probate depends on how the assets were owned and titled.

What does an executor do during probate?
An executor is responsible for filing the probate petition, inventorying and valuing assets, paying the estate’s debts and taxes, and distributing the remaining property to beneficiaries. The Surrogate’s Court oversees the executor throughout this process.

Can probate be avoided?
In some cases, yes — proper estate planning tools like revocable living trusts, joint ownership, and beneficiary designations can allow assets to pass without going through probate. Whether this is the right approach depends on your specific assets and goals.

What happens if someone contests a will during probate?
If a will is contested, the Surrogate’s Court will hold a hearing to determine whether the will is valid, which can significantly extend how long probate takes. Contested probate cases often involve additional evidence, testimony, and sometimes mediation to try to resolve the dispute.

Contact Us

The Law & Mediation Office of Bracha Etengoff is ready to represent you in your case. We will prepare the proper documents for the court and guide you during each aspect of the probate or administration proceeding.

If you’re administering your family member’s estate, call (347) 640-0993 today for your confidential consultation. We can meet by video, at our office, or in your home or office.