New York Probate Lawyers

The death of a loved one often leaves families with more than grief. There are also legal and financial matters that must be addressed. If the person who passed away owned property in their name alone, had bank accounts, investments, real estate, or other assets, it may be necessary to go through probate. Probate is the court-supervised process used to validate a will, appoint a fiduciary to administer the estate, pay debts and taxes, and distribute assets to beneficiaries.

While some estates proceed smoothly, many involve questions about the validity of a will, disputes among family members, locating heirs, handling creditor claims, valuing assets, or managing businesses and real estate. Estates involving blended families, significant assets, or long-standing family conflicts can become particularly complicated. Having experienced legal counsel can help avoid delays, reduce the risk of disputes, and ensure that the estate is administered properly.

At Stephen Bilkis & Associates, our experienced New York probate lawyers represent executors, administrators, beneficiaries, heirs, trustees, and other interested parties in Surrogate’s Court proceedings. The firm is led by Stephen Bilkis, who has been recognized with an Excellent rating from Avvo, named a Top-Rated Lawyer by Justia, selected to Super Lawyers, and listed among the best attorneys in New York by organizations such as Expertise.com and TopLawyer.com. Our team handles both routine probate matters and complex estate litigation involving substantial assets, contested wills, fiduciary misconduct claims, business interests, real estate holdings, and disputes among family members. Whether an estate involves straightforward administration or sophisticated financial and family issues, we have the experience and resources to guide clients through every stage of the probate process.

What Is Probate in New York?

Probate is the legal process used to determine whether a deceased person’s will is valid and to authorize someone to administer the estate. Through the probate process, the court appoints an executor, oversees the collection of assets, ensures that debts and taxes are addressed, and allows the remaining property to be distributed to beneficiaries according to the terms of the will. If there is no will, a related court proceeding is used to appoint an administrator and distribute assets according to New York law.

If the person who passed away was a resident of New York County, probate proceedings are generally filed in the New York County Surrogate’s Court. This court handles probate proceedings, estate administration matters, will contests, fiduciary accountings, guardianships, and other matters involving decedents’ estates.

Unlike most courts in New York, the judges who preside over the Surrogate’s Court are known as surrogates. Surrogates are elected officials who oversee probate and other estate-related proceedings. The current surrogates of the New York County Surrogate’s Court are Rita Mella and Hilary Gingold. They oversee probate proceedings and resolve disputes involving wills, estates, trusts, fiduciaries, and beneficiaries.

The New York County Surrogate’s Court is located at:

31 Chambers Street
New York, New York 10007

Telephone: (646) 386-5000

While many estates are administered without significant court involvement beyond required filings, disputes concerning wills, fiduciaries, creditors, beneficiaries, or estate assets may require hearings and judicial determinations. Our experienced New York probate lawyers regularly represent clients before the New York County Surrogate’s Court and Surrogate’s Courts throughout New York City, Long Island, and Westchester County.

What Happens During the Probate Process?

Probate is not a single court filing. Rather, it is a process that may take several months or, in some cases, years to complete. The exact steps depend on the size and complexity of the estate, whether there is a valid will, the types of assets involved, and whether disputes arise among beneficiaries, heirs, creditors, or other interested parties. Although every estate is different, probate generally involves the following stages:

• Filing a Probate Petition. The process begins by filing a petition with the Surrogate’s Court in the county where the decedent resided. The original will, death certificate, and other supporting documents must be submitted to the court. Interested parties, including heirs and beneficiaries, must receive notice of the proceeding.
• Appointment of an Executor. Once the court determines that the will is valid, it issues Letters Testamentary authorizing the executor to act on behalf of the estate. If there is no will, the court may appoint an administrator and issue Letters of Administration.
• Identifying and Collecting Assets. The fiduciary must locate and secure estate assets. This may include real estate, bank accounts, brokerage accounts, retirement assets, business interests, personal property, intellectual property, and digital assets. The fiduciary has a duty to preserve and protect estate property.
• Paying Debts and Taxes. Before beneficiaries receive distributions, the estate must satisfy valid debts and obligations. These may include funeral expenses, medical bills, credit card debt, income taxes, estate taxes, and administrative expenses. The fiduciary must carefully evaluate creditor claims and determine whether they should be paid or challenged.
• Distributing Estate Assets. After debts and expenses are addressed, the remaining assets are distributed according to the will. If there is no will, assets are distributed according to New York’s intestacy laws. See N.Y. Est. Powers & Trusts Law § 4-1.1.
• Closing the Estate. The fiduciary prepares an accounting showing all estate transactions. Once beneficiaries approve the accounting or the court settles it, the estate may be closed.

While some estates move through probate with relatively few complications, others involve will contests, missing heirs, disputed creditor claims, family disagreements, business interests, or other issues that can significantly increase the time and expense involved. An experienced New York probate lawyer can help fiduciaries and beneficiaries navigate the probate process, comply with Surrogate’s Court requirements, and address legal issues that arise during the administration of an estate.

What Happens if a Person Dies Without a Will?

When a person dies without a valid will, they are considered to have died intestate. In that situation, New York’s intestacy laws determine who inherits the estate. Rather than allowing the deceased person’s property to pass according to their wishes, the law establishes a priority system for distributing assets among surviving family members.

Depending on the family circumstances, an estate may pass to a surviving spouse, children, parents, siblings, or more distant relatives. The specific distribution depends on which family members survive the decedent and their relationship to the decedent.

Because there is no will naming an executor, the Surrogate’s Court must appoint an administrator to manage the estate. The administrator performs many of the same duties as an executor, including gathering assets, paying debts and taxes, and distributing property to the appropriate heirs.

An experienced New York probate lawyer can help family members navigate intestacy proceedings, determine who has inheritance rights under New York law, and address disputes that may arise during the administration of the estate.

What Types of Probate Disputes Can Arise?

Probate disputes can arise whenever family members, beneficiaries, creditors, or other individuals with a legal interest in an estate disagree about how the estate is being administered. While many estates are settled without litigation, disagreements are not uncommon, particularly when substantial assets are involved, family relationships are strained, or the terms of a will are unexpected.

Some disputes involve challenges to the validity of a will. For example, a person may claim that the will was the result of fraud, undue influence, or that the person who signed the will lacked the mental capacity necessary to understand the nature and consequences of making a will. Questions may also arise regarding whether the will was properly executed in accordance with New York law. When these issues are raised, the Surrogate’s Court may be required to determine whether the will should be admitted to probate.

Disputes may also arise after a will has been admitted to probate. Beneficiaries sometimes question whether an executor or administrator is properly managing estate assets, maintaining accurate records, paying debts appropriately, or acting in the best interests of the estate. In New York, executors and administrators are fiduciaries. A fiduciary is a person who has been placed in a position of trust and is legally required to act in the best interests of others rather than for personal gain. When a fiduciary fails to fulfill those obligations, beneficiaries and other interested parties may seek relief from the Surrogate’s Court.

Disputes involving fiduciaries are not limited to executors and administrators. Other individuals who are entrusted with managing another person’s affairs, such as agents acting under a power of attorney, also owe fiduciary duties. In Matter of Ferrara, 7 N.Y.3d 244 (2006), the New York Court of Appeals addressed a situation in which an attorney-in-fact transferred substantial assets to himself before the principal’s death. The Court emphasized that fiduciaries must act in the best interests of the person they serve and may not use their position for personal gain. The case illustrates the serious consequences that can result when a fiduciary places personal interests ahead of legal obligations.

Other probate disputes may involve disagreements regarding the ownership of estate assets, the interpretation of provisions in a will, creditor claims against the estate, the actions of trustees, or the rights of heirs and beneficiaries. In some cases, family members may disagree about whether certain property belongs to the estate or whether a transfer made before death was valid.

Because probate litigation can significantly delay the administration of an estate and increase costs, it is often beneficial to address potential disputes as early as possible. An experienced New York probate lawyer can help executors, administrators, beneficiaries, heirs, and trustees protect their rights and navigate contested proceedings in the Surrogate’s Court.

Can an Executor Be Removed?

Yes. Under certain circumstances, the Surrogate’s Court can remove an executor or administrator who is not properly carrying out their responsibilities.

An executor or administrator is considered a fiduciary. A fiduciary is a person who has been placed in a position of trust and is legally required to act in the best interests of the estate and its beneficiaries rather than for personal gain. Executors and administrators are responsible for collecting and protecting estate assets, paying valid debts and taxes, maintaining accurate records, communicating with beneficiaries, and distributing property in accordance with the will or New York law.

When an executor or administrator fails to fulfill these obligations, beneficiaries, heirs, creditors, or other individuals whose rights may be affected by the estate may ask the Surrogate’s Court to intervene. See SCPA §§ 711 and 719. The court has the authority to remove a fiduciary who has misappropriated estate assets, failed to provide required accountings, engaged in self-dealing, ignored court orders, created conflicts of interest, or otherwise acted dishonestly. In some cases, a fiduciary’s failure to take action can be just as harmful to an estate as affirmative misconduct.

The Surrogate’s Court does not remove an executor simply because beneficiaries disagree with decisions that have been made. Instead, the court generally looks at whether the executor has violated fiduciary duties, failed to perform required responsibilities, or acted in a manner that threatens the proper administration of the estate.

New York courts have long recognized the authority of the Surrogate’s Court to remove fiduciaries when circumstances warrant such action. In Matter of Duke, 87 N.Y.2d 465 (1996), the New York Court of Appeals discussed proceedings involving the removal of fiduciaries and the procedural protections that apply in such cases. The decision illustrates the authority of the Surrogate’s Court to address disputes involving fiduciaries and to ensure that estate administration is conducted in accordance with New York law.

A request to remove an executor can lead to significant litigation, particularly when family members disagree about the administration of the estate. Because the outcome can affect both the management of the estate and the rights of beneficiaries, it is often advisable to consult an experienced New York probate lawyer before pursuing or defending against a removal proceeding.

How Long Does Probate Take?

In New York, probate and estate administration generally cannot be completed in less than seven months. New York law gives creditors time to come forward and make claims against an estate before the executor or administrator distributes all of the estate’s assets. See N.Y. Surr. Ct. Proc. Act § 1802. As a result, even a straightforward estate with no disputes, no real estate, and cooperative beneficiaries will typically remain open for at least seven months.

Many estates take longer than the seven-month creditor claims period. The length of the probate process depends on factors such as the size and complexity of the estate, the types of assets involved, the number of beneficiaries, tax issues, creditor claims, real estate transactions, and whether disputes arise during administration. Estates involving closely held businesses, difficult-to-value assets, missing heirs, or litigation often require additional court proceedings and can remain open for a year or more.

While no attorney can eliminate every delay, proper planning and prompt action can help move the administration process forward more efficiently. An experienced New York probate lawyer can help executors, administrators, beneficiaries, and heirs navigate Surrogate’s Court proceedings, satisfy legal requirements, address issues as they arise, and work toward the timely settlement of the estate.

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

Probate proceedings can become complicated quickly, particularly when substantial assets, family disputes, creditor claims, or questions regarding the validity of a will are involved. Whether you are serving as an executor, seeking appointment as an administrator, contesting a will, or protecting your rights as a beneficiary, an experienced probate attorney in New York at Stephen Bilkis & Associates can help you understand your rights, navigate the Surrogate’s Court process, and address issues before they become costly disputes.

The firm is led by Stephen Bilkis, who has been selected to Super Lawyers, recognized as a Top-Rated Lawyer by Justia, earned an Excellent rating from Avvo, and listed among the best attorneys in New York by organizations such as Expertise.com and TopLawyer.com. Our team handles both routine probate matters and complex estate proceedings involving substantial assets, closely held businesses, real estate holdings, contested estates, and challenging family dynamics.

Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Westchester County, Nassau County, Queens, Staten Island, and Suffolk County.