Manhattan Probate Lawyer

Manhattan is home to some of the most complex estates in New York. In addition to family residences and personal property, estates in New York County frequently include cooperative apartments, condominiums, investment portfolios, retirement accounts, business interests, trusts, and other valuable assets. When a loved one dies, family members are often left with important questions regarding who has authority to handle the estate, whether probate is required, how debts and taxes will be addressed, and who is entitled to inherit property.

The probate process can be particularly challenging when an estate includes substantial assets, multiple beneficiaries, business interests, or property located in more than one state. Questions may also arise regarding the validity of a will, the actions of an executor, inheritance rights, creditor claims, and the ownership of estate property. In some situations, disagreements among family members or other interested parties can lead to additional proceedings before the Surrogate’s Court.

At Stephen Bilkis & Associates, our experienced Manhattan probate lawyers represent executors, administrators, beneficiaries, heirs, trustees, and other interested parties in probate and estate-related proceedings. 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. We assist clients with probate, estate administration, estate litigation, will contests, fiduciary disputes, trust matters, and other proceedings involving decedents’ estates. Whether an estate involves a cooperative apartment, investment assets, retirement accounts, closely held businesses, valuable real estate holdings, or complex family circumstances, we work to protect our clients’ interests and guide them through the legal process.

What Happens When an Estate Goes Through Probate?

Probate is often necessary because financial institutions, brokerage firms, cooperative housing boards, and other organizations will not transfer property simply because a death has occurred. Before assets can be collected, managed, sold, or distributed, someone must have legal authority to act on behalf of the estate. If the deceased person left a valid will, the Surrogate’s Court may admit the will to probate and authorize the executor named in the will to administer the estate. If there is no will, the court may appoint an administrator to perform many of the same responsibilities.

In Manhattan, probate and estate administration matters are generally handled in the New York County Surrogate’s Court. The court is responsible for overseeing the administration of estates and ensuring that property is distributed in accordance with New York law. In addition to probate proceedings, the court handles matters involving trusts, guardianships, fiduciary accountings, adoptions, and disputes concerning wills, inheritance rights, and the conduct of fiduciaries.

The amount of court involvement depends on the circumstances of the estate. Some proceedings are relatively straightforward, while others involve creditor claims, valuable real estate, business interests, inheritance disputes, contested wills, or questions regarding the actions of an executor or administrator. As a result, the probate process can vary significantly from one estate to another.

The judges who preside over Surrogate’s Court proceedings are known as Surrogates. New York County is served by two Surrogates, Hon. Rita Mella and Hon. Hilary Gingold. They oversee matters involving probate, estate administration, trusts, guardianships, adoptions, fiduciary accountings, and other proceedings within the court’s jurisdiction.

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

31 Chambers Street
New York, New York 10007
Telephone: (646) 386-5000

Probate can involve a wide range of responsibilities, from gathering assets and paying debts to communicating with beneficiaries and complying with court requirements. Over the years, our experienced Manhattan probate lawyers have helped clients navigate estates of all sizes, from relatively straightforward administrations to proceedings involving substantial assets, business interests, and contested issues.

What Happens During the Probate Process?

Most probate proceedings follow a similar process, even though every estate presents its own circumstances. The executor must gather estate assets, address outstanding obligations, and comply with court requirements before property can be distributed. Depending on the estate, additional issues such as business interests, real estate, creditor claims, or family disputes may need to be resolved along the way.

Common stages of the probate process include:

• Starting the court proceeding. In Manhattan, probate generally begins when a Petition for Probate (Form P-1) is filed with the New York County Surrogate’s Court. The petition and supporting documents are filed with the Clerk of the Surrogate’s Court, who processes the filing and assigns the matter for further proceedings. The petition asks the court to admit the will to probate and appoint the executor. The filing is generally accompanied by the original will, a certified death certificate, and other required documents.
• Receiving authority from the court. After reviewing the petition and supporting documents, the Surrogate’s Court determines whether the will should be admitted to probate. If the court approves the petition, the Surrogate signs a Decree Granting Probate (Form P-6), which is the official court order admitting the will to probate. The Clerk then issues Letters Testamentary, which serve as proof of the executor’s authority to act on behalf of the estate. Executors often need to present these documents when dealing with banks, financial institutions, brokerage firms, and others holding estate assets.
• Identifying estate property. The executor must determine what property belongs to the estate. This includes identifying probate property, which generally consists of assets owned solely by the deceased person that do not pass automatically to someone else upon death. Probate property may include real estate, cooperative apartments, bank accounts, investment accounts, business interests, vehicles, personal belongings, and other assets.
• Addressing financial obligations. Before beneficiaries can receive their inheritances, the executor must identify estate debts, pay valid creditor claims, file any required tax returns, and address expenses associated with administering the estate.
• Distributing inheritances. Once debts, taxes, and administration expenses have been addressed, the remaining estate property is distributed to the beneficiaries named in the will. If there is no will, the property is distributed to heirs according to New York’s intestacy laws. See N.Y. Est. Powers & Trusts Law § 4-1.1.
• Completing the administration. Before the estate can be closed, the executor typically prepares an accounting showing what assets were collected, what expenses were paid, and how the remaining property was distributed. Once all required steps have been completed, the estate can be closed.

Although most probate proceedings follow a similar process, every matter presents its own challenges. Some involve relatively few complications, while others require the resolution of issues involving valuable assets, business interests, inheritance rights, or estate litigation. Over the years, our experienced Manhattan probate lawyers have represented clients in a wide range of probate proceedings.

What Happens if Someone Dies Without a Will?

A recent study published by Caring.com found that approximately 76% of American adults do not have a will. As a result, many families are left without clear instructions regarding who should inherit property or who should be responsible for handling the estate. When a person dies without leaving a valid will, the estate typically goes through an administration proceeding in Surrogate’s Court, and New York law determines how property will be distributed.

The administration of an estate when there is no will is commonly known as estate administration. While the process differs from probate in some respects, many of the same responsibilities remain. Assets must be collected, debts and taxes must be addressed, heirs must be identified, and property ultimately must be distributed. The primary difference is that New York law, rather than a will, determines who inherits and who has priority to serve as administrator.

Instead, New York’s intestate succession laws determine who inherits property. See N.Y. Est. Powers & Trusts Law § 4-1.1. Depending on the family circumstances, property may pass to a surviving spouse, children, parents, siblings, or other relatives in the order established by state law.

Another important difference is that the Surrogate’s Court appoints an administrator rather than an executor. Because no executor has been named in a will, the court must determine who has the legal right to serve in that role. Once appointed, the administrator performs many of the same responsibilities as an executor, including collecting assets, paying valid debts and taxes, maintaining records, and distributing property to heirs.

Administration proceedings can sometimes become complicated, particularly when family members disagree about inheritance rights or the actions of the administrator. For example, in Matter of Scott-Heron, 2024 NY Slip Op 31287(U) (Sur. Ct. N.Y. County Apr. 12, 2024), the estate of musician Gilbert Scott-Heron involved disputes among distributees and extensive discovery regarding the temporary administrator’s accounting and administration of the estate.

Determining who is legally entitled to inherit is not always straightforward. Questions sometimes arise regarding family relationships, including marriage, paternity, adoption, and other heirship issues. When these matters are disputed, additional investigation or court proceedings may be necessary before the estate can be completed. Our experienced Manhattan probate lawyers help families address these issues and move the administration process forward in accordance with New York law.

What Issues Can Lead to Probate Litigation?

Many probate proceedings are completed without significant conflict. However, disagreements sometimes arise regarding a loved one’s intentions, who should inherit property, how an estate is being administered, or whether a fiduciary has acted appropriately. When these issues cannot be resolved informally, they may result in probate litigation. Some of the more common issues that lead to probate litigation include:

• Will contests. A will contest occurs when someone claims that a will is not legally valid. For example, a family member may argue that the deceased person lacked the mental capacity to make a will, was pressured by another person, or that the document was not properly signed and witnessed. If successful, the court may refuse to admit the will to probate.
• Disputes involving executors and administrators. Questions sometimes arise regarding how the estate is being managed. Beneficiaries may have concerns about delays, missing information, a lack of communication, or whether all estate assets have been properly identified and accounted for. For example, in Matter of Asimov, 2024 NY Slip Op 31977(U) (Sur. Ct. N.Y. County June 4, 2024), a beneficiary objected to an executor’s accounting by claiming that valuable collection books had been omitted from the estate; however, the Surrogate dismissed the objections as speculative when the objectant failed to produce supporting evidence.
• Fiduciary misconduct claims. Fiduciary misconduct claims arise when an executor, administrator, trustee, or other fiduciary is accused of failing to act in the best interests of the people they serve. For example, a fiduciary may be accused of using estate funds for personal expenses, failing to keep accurate records, or transferring assets to themselves or family members without proper authority.
• Inheritance disputes. Inheritance disputes involve disagreements about who has the legal right to receive property from an estate. For example, questions may arise regarding whether a person qualifies as a surviving spouse, whether someone is the biological child of the deceased person, or whether a relative is entitled to inherit under New York’s intestacy laws.
• Trust disputes. Trust disputes generally involve disagreements regarding the management or distribution of trust assets. For example, beneficiaries may believe that a trustee is withholding information, favoring certain beneficiaries over others, making improper investments, or failing to follow the terms of the trust.
• Disputes involving estate property. These disputes concern ownership, valuation, or distribution of property connected to an estate. For example, family members may disagree about whether a bank account belongs to the estate, whether a home was properly transferred before death, or how a closely held business, artwork collection, or other valuable asset should be valued and distributed.

While many estates are administered without significant conflict, disputes involving wills, inheritances, fiduciaries, trusts, and estate property often require formal litigation in the Surrogate’s Court. Our experienced Manhattan probate lawyers have extensive experience handling contested matters involving substantial assets, complex family relationships, and challenging legal issues.

How Long Does Probate Take?

One of the most common questions families ask is how long it will take to settle an estate and distribute property to beneficiaries. Unfortunately, there is no single answer. Every estate is different. In our experience, some estates can be completed in a matter of months, while others remain open for years. The timeline often depends on the nature of the assets, the number of beneficiaries, whether disputes arise, and the complexity of the administration process.

Even relatively straightforward probate proceedings generally remain open for at least seven months. New York law provides protection to executors and administrators who wait seven months before making final distributions because creditors are generally given that period to present claims against the estate. See N.Y. Surr. Ct. Proc. Act § 1802. As a result, many fiduciaries wait until that period has expired before making final distributions and closing the estate.

Several factors can extend the probate process:

• Will contests, family disputes, and other litigation. Challenges to a will, inheritance disputes, and other contested proceedings can significantly delay the administration of an estate.
• Heirs and beneficiaries. Additional time may be required when heirs are difficult to locate, family relationships must be established, or the estate involves a large number of beneficiaries.
• Real estate, cooperative apartments, businesses, and other complex assets. Manhattan estates often include assets that require appraisals, valuations, transfers, board approvals, or sales before distributions can be made.
• Debts, creditor claims, and tax matters. Executors may need to resolve creditor claims, file tax returns, address tax issues, and satisfy other financial obligations before the estate can be closed.

While every estate presents different challenges, estates with fewer assets and no significant disputes are often completed more quickly than those involving complex assets or contested issues. Our experienced probate attorneys in Manhattan help clients understand the probate timeline, address issues as they arise, and work toward the efficient administration of estates.

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

Probate can involve a wide range of legal and financial issues, from identifying probate property and addressing creditor claims to resolving inheritance disputes and administering complex assets. Whether you are serving as an executor, seeking appointment as an administrator, or trying to understand your rights as a beneficiary or heir, an experienced probate attorney serving Manhattan can help you navigate the process and address issues as they arise.

At Stephen Bilkis & Associates, we represent executors, administrators, beneficiaries, heirs, trustees, and other interested parties in probate, estate administration, estate litigation, trust matters, and related Surrogate’s Court proceedings. 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 been listed among the best attorneys in New York by organizations such as Expertise.com and TopLawyer.com. We handle both routine probate matters and complex proceedings involving substantial assets, closely held businesses, valuable real estate holdings, fiduciary issues, contested estates, and challenging family circumstances.

Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. In addition to representing clients throughout Manhattan, we serve clients in Brooklyn, Queens, the Bronx, Staten Island, Nassau County, Suffolk County, Westchester County, and surrounding communities throughout the New York metropolitan area.