Long Island Probate Lawyer

The death of a loved one often leaves families facing important legal and financial responsibilities at a difficult time. Property cannot always be transferred automatically, and questions frequently arise 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. These issues can become particularly significant when an estate includes a home, investment accounts, retirement assets, business interests, or property owned in multiple locations.

Long Island is home to a wide range of estates, from modest family estates to those involving substantial assets, closely held businesses, waterfront properties, investment real estate, and complex financial holdings. Family members may have questions regarding the validity of a will, the actions of an executor, inheritance rights, creditor claims, or the ownership of estate property. In some situations, disagreements among beneficiaries, heirs, or other interested parties can lead to contested proceedings in Surrogate’s Court. Some of these issues can be addressed through the normal probate process, while others may lead to contested proceedings in Surrogate’s Court.

At Stephen Bilkis & Associates, our experienced Long Island 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 family residence, 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 Is Probate Court?

Probate is the legal process used to establish who has authority to handle a deceased person’s estate. Probate court, known in New York as Surrogate’s Court, oversees that process. Banks, brokerage firms, title companies, and other institutions generally will not release or transfer assets simply because a death has occurred. Before property 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.

On Long Island, probate and estate administration matters are generally handled in either the Nassau County Surrogate’s Court or the Suffolk County Surrogate’s Court, depending on where the deceased person lived at the time of death. These courts oversee probate proceedings, estate administration matters, trusts, guardianships, fiduciary accountings, adoptions, and other proceedings involving estates and fiduciaries.

The amount of court involvement depends on the circumstances of the estate. Some proceedings move forward with relatively few complications, while others involve inheritance disputes, creditor claims, valuable real estate, business interests, contested wills, or questions regarding the conduct of a fiduciary. As a result, the probate process can vary significantly from one estate to another.

The Nassau County Surrogate’s Court is located at:

262 Old Country Road
Mineola, New York 11501
Telephone: (516) 493-3800

The Suffolk County Surrogate’s Court is located at:

320 Center Drive South
Riverhead, New York 11901
Telephone: (631) 852-1745

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 Long Island probate lawyers have helped clients navigate estates of all sizes, from relatively straightforward administrations to proceedings involving substantial assets, business interests, and contested issues.

Who Inherits When There Is No Will?

Many people die without ever creating a will. When that happens, family members cannot look to a written document for instructions regarding who should receive property or who should be responsible for handling the estate. Instead, New York law supplies those answers through a set of inheritance rules that apply when a person dies intestate, meaning without a valid will.

Even without a will, the estate often must still go through a court-supervised process. Property owned solely by the deceased person may need to be collected, debts and expenses must be addressed, and the remaining assets must be distributed to the appropriate heirs. In many respects, the process resembles probate, even though there is no will being admitted to court.

New York’s intestacy laws establish a priority system for inheritance. See N.Y. Est. Powers & Trusts Law § 4-1.1. Depending on the circumstances, a surviving spouse may inherit all or part of the estate, while children, parents, siblings, or other relatives may inherit the remainder. The outcome depends entirely on the deceased person’s family relationships and the order established by state law.

Because no executor has been named, the Surrogate’s Court must appoint an administrator to handle the estate. The administrator is responsible for many of the same tasks an executor would perform, including locating assets, dealing with financial institutions, paying valid debts and taxes, maintaining records, and distributing property to heirs.

Determining who is legally entitled to inherit is not always straightforward. Administration proceedings in Nassau County and Suffolk County sometimes involve disputes regarding marriage, divorce, paternity, adoption, and other family relationships that affect inheritance rights. For example, in Matter of Barasch, 32 Misc. 2d 548 (Sur. Ct. Nassau County 1962), the court addressed a dispute involving a person who claimed to be the decedent’s surviving spouse and challenged information contained in the estate administration petition. Our experienced Long Island probate lawyers help families navigate heirship disputes, administration proceedings, and other issues that arise when a person dies without a will.

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 invalid because of issues such as lack of mental capacity, undue influence, fraud, or improper execution. For example, in Matter of Lubrano, 2026 NY Slip Op 50641(U) (Sur. Ct. Suffolk County Mar. 24, 2026), a surviving spouse challenged a will based on lack of due execution, lack of capacity, undue influence, and fraud after being excluded from the decedent’s estate.
• Disputes involving executors and administrators. These disputes involve concerns about how an estate is being managed, including delays, missing information, accountings, or decisions affecting estate assets.
• Fiduciary misconduct claims. These claims arise when an executor, administrator, trustee, or other fiduciary is accused of mismanaging assets, failing to keep records, or acting for personal benefit rather than the benefit of others.
• Inheritance disputes. These disputes involve disagreements regarding who has the legal right to inherit property from an estate.
• Trust disputes. Trust disputes involve disagreements regarding the management, administration, or distribution of trust assets.
• Disputes involving estate property. These disputes concern the ownership, valuation, or distribution of assets connected to an estate.

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 Long Island probate lawyers have extensive experience handling contested matters involving substantial assets, complex family relationships, and challenging legal issues.

How Long Does Probate Take?

The amount of time required to complete a probate proceeding can vary substantially from one estate to another. Some estates are administered in a matter of months, while others remain open for years. The timeline often depends on the assets involved, whether beneficiaries agree on important issues, the existence of creditor claims, and whether any disputes require court intervention.

Even when an estate is relatively straightforward, probate rarely ends immediately after the appointment of an executor. New York law generally allows creditors seven months to present claims against the estate. See N.Y. Surr. Ct. Proc. Act § 1802. Because executors can be held responsible for certain distributions made before creditor claims are resolved, many fiduciaries wait until that period has expired before making final distributions and closing the estate.

Several circumstances can increase the length of a probate proceeding:

• Contested proceedings. Will contests, inheritance disputes, fiduciary disputes, and other litigation can significantly extend the administration process.
• Locating heirs and beneficiaries. Additional time may be needed when family members cannot be located or questions exist regarding inheritance rights.
• Real estate and business interests. Homes, investment properties, closely held businesses, and other valuable assets often require appraisals, valuations, transfers, or sales before an estate can be completed.
• Financial and tax issues. Creditor claims, tax filings, outstanding debts, and other financial obligations frequently must be resolved before final distributions can be made.

Long Island estates range from modest estates involving a few assets to estates that include multiple properties, investment accounts, businesses, and other significant holdings. As a result, probate timelines can vary considerably. Our experienced probate attorneys on Long Island help clients understand the process, address issues that arise during administration, and work toward the efficient settlement of estates.

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

Probate can involve a wide range of issues, including the transfer of property, creditor claims, inheritance rights, fiduciary responsibilities, and disputes involving wills or estate administration. 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 Long Island 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. We represent clients throughout Nassau County, Suffolk County, Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Westchester County, and surrounding communities throughout the New York metropolitan area.