Nassau County Probate Lawyer

Probate issues often arise when families are trying to determine what happens to a loved one’s property after death. In Nassau County, estates frequently include family homes, retirement accounts, investment portfolios, business interests, and other assets that cannot simply be transferred to heirs without legal authority. Questions about who inherits property, who has the right to manage the estate, and how debts and taxes should be handled can quickly become complicated, particularly when multiple family members are involved.

Probate often involves issues that extend beyond the terms of a will. Financial accounts may need to be located, real estate may need to be transferred or sold, creditor issues may need to be addressed, and beneficiaries may need to be identified and notified. In some estates, questions arise regarding inheritance rights, the ownership of property, or the authority of the person responsible for administering the estate. When disputes develop, additional court proceedings may be required before the estate can be settled.

At Stephen Bilkis & Associates, our experienced Nassau County 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 home, a closely held business, investment assets, or complex family issues, we work to protect our clients’ interests and guide them through the legal process.

How Does Probate Work in Nassau County?

Although the specific steps vary depending on the size and complexity of the estate, probate generally follows the same basic process. The Surrogate’s Court reviews the will and, if it determines that the will is valid, issues Letters Testamentary to the executor named in the document. These letters give the executor legal authority to administer the estate, including collecting property, addressing debts and taxes, and distributing inheritances to beneficiaries.

If a person dies without a will, a different court proceeding is generally required. In those situations, the Surrogate’s Court may appoint an administrator to handle the estate through a process commonly known as estate administration.

For residents of Nassau County, probate matters are generally handled in the Nassau County Surrogate’s Court. The court oversees probate proceedings, estate administration matters, guardianships, trust proceedings, fiduciary accountings, and disputes involving estates. While many proceedings are uncontested, the court also hears will contests, inheritance disputes, fiduciary misconduct claims, and other estate litigation matters.

The judge who presides over the Nassau County Surrogate’s Court is known as the Surrogate. Sworn into office in January 2026, the current Nassau County Surrogate is Hon. David P. Sullivan, who oversees proceedings involving wills, estates, trusts, guardianships, and related matters within the court’s jurisdiction.

The Nassau County Surrogate’s Court is located at:

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

Every estate presents its own challenges. Some involve little more than transferring a few financial accounts, while others include real estate, business interests, family disagreements, or questions regarding inheritance rights. Over the years, our experienced Nassau County probate lawyers have helped clients navigate a wide range of probate matters, from routine estate administrations to contested proceedings involving wills, fiduciaries, and inheritance disputes.

What Happens During the Probate Process?

Every estate is different, but most probate proceedings involve a series of legal and financial steps that must be completed before property can be distributed and the estate can be closed. Because distributions often occur near the end of the administration process, it is important to understand the role that each step plays in settling the estate. Some estates proceed relatively smoothly, while others involve disputes, complicated assets, tax issues, or other circumstances that can lead to estate litigation.

Common stages of the probate process include:

• Starting the court proceeding. In Nassau County, probate generally begins when a petition is filed with the Nassau County Surrogate’s Court. The filing is typically accompanied by the original will, a certified death certificate, and other required documents. Family members, beneficiaries, and other interested parties must receive notice of the proceeding.
• Receiving authority from the court. Once the will is admitted to probate, the court issues Letters Testamentary to the executor. These documents provide legal authority to act on behalf of the estate.
• Identifying estate property. The executor must determine what property belongs to the estate. This may include real estate, bank accounts, investment accounts, business interests, vehicles, personal belongings, and other assets.
• Addressing financial obligations. The executor must identify and address valid debts, taxes, and expenses associated with the administration of the estate.
• Distributing inheritances. After debts and expenses have been addressed, the remaining property is distributed according to the terms of the will. If there is no will, property is distributed pursuant 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 how estate property was collected, managed, and distributed.

Although most probate proceedings follow the same general path, the challenges that arise can vary significantly from one estate to another. Some estates involve little more than transferring a few financial accounts, while others include real estate, business interests, inheritance disputes, or estate litigation. When an estate is straightforward and there are no significant disputes or complications, the administration process is often more predictable. Over the years, our experienced Nassau County probate lawyers have helped clients navigate both routine estate administrations and complex probate matters involving contested issues and substantial assets.

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 find themselves dealing with the administration of an estate without written instructions from their loved one regarding how property should be distributed after death.

When a person dies without leaving a valid will, New York’s intestate succession laws determine who inherits the property left behind. Intestate succession is the legal process used to distribute an estate when there is no will. Instead of following written instructions from the deceased person, the estate is distributed according to a priority system established by state law. See N.Y. Est. Powers & Trusts Law § 4-1.1.

Many people assume that a surviving spouse automatically inherits everything, but that is not always the case. Depending on the circumstances, property may pass to a spouse, children, parents, siblings, or other relatives in the order established by New York law. The outcome depends on the family members who survive the deceased person and their relationship to the estate.

When there is no will, probate is generally replaced by an administration proceeding in the Nassau County Surrogate’s Court. Because no executor has been named, the court must appoint an administrator to handle the estate. The administrator is responsible for gathering property, addressing debts and taxes, maintaining records, and distributing property to the appropriate heirs.

In our experience, when a person dies without a will, family members are often left trying to answer important questions about inheritance, estate administration, and who has the authority to act on behalf of the estate. Over the years, our experienced Nassau County probate lawyers have helped many families navigate intestate succession proceedings, resolve disputes, and move the administration process forward while complying with New York law.

What Kinds of Disputes Can Arise During Probate?

While many estates are administered without significant conflict, disagreements sometimes arise regarding a will, the administration of an estate, or the actions of the person responsible for handling estate affairs. When these issues cannot be resolved informally, they may require intervention by the Nassau County Surrogate’s Court and can result in probate or estate litigation.

Common disputes that arise during probate and estate administration include:

• Will contests. Family members or other interested parties may challenge a will based on allegations of undue influence, fraud, lack of mental capacity, or improper execution.
• Disputes involving executors and administrators. Beneficiaries sometimes raise concerns regarding delays, a lack of communication, recordkeeping issues, or decisions affecting estate property.
• Fiduciary misconduct claims. Executors, administrators, trustees, and agents acting under powers of attorney owe fiduciary duties to others. In Matter of Ferrara, 7 N.Y.3d 244 (2006), the New York Court of Appeals emphasized that fiduciaries may not use their position for personal gain and must act in the best interests of the individuals they serve.
• Inheritance disputes. Questions sometimes arise regarding who is legally entitled to inherit property from an estate. These disputes may involve unclear family relationships, competing claims by relatives, questions regarding marital status, or disagreements about a person’s rights under New York’s inheritance laws. For example, in Matter of Barasch, 32 Misc. 2d 548 (Sur. Ct. Nassau County 1962), the court addressed a dispute involving whether the petitioner was in fact the decedent’s surviving spouse, an issue that directly affected rights in the estate and the administration proceeding. Resolving these types of disputes may require additional evidence, court hearings, and legal proceedings before the estate can move forward.
• Trust-related disputes. Beneficiaries may disagree with the actions of a trustee, question how trust assets are being managed, or seek additional information regarding trust administration.
• Disputes involving estate property. Family members sometimes disagree about whether property belongs to the estate, whether assets were properly transferred before death, or how estate property should be valued and distributed.

When clients come to us because an estate dispute has developed, they are often dealing with both legal and personal issues at the same time. Questions about inheritance, fiduciary conduct, and a loved one’s intentions can become emotionally and financially significant. Our experienced Nassau County probate lawyers work closely with executors, administrators, beneficiaries, heirs, and trustees to evaluate claims, gather evidence, pursue practical solutions when possible, and protect our clients’ interests throughout the litigation process.

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, and the timeline depends on the nature of the assets involved, whether disputes arise, and the complexity of the administration process. In our experience, some estates can be settled in approximately seven to eight months, while others remain open for a year or longer due to disputes, real estate issues, creditor claims, tax matters, or other complications.

Even relatively straightforward estates 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:

• Challenges to a will and other estate litigation. If someone contests a will or another dispute ends up in court, the estate may not be able to move forward until the issue is resolved. Court hearings, evidence gathering, and legal proceedings can add months or even years to the process.
• Disagreements among family members. Family members do not always agree about who should inherit property, how assets should be divided, or how the estate is being managed. Resolving these disagreements can take time and may delay distributions to beneficiaries.
• Missing heirs or beneficiaries. Before property can be distributed, the executor must identify and locate the individuals who may be entitled to inherit. If family members cannot be found or their whereabouts are unknown, additional investigation may be necessary, which can slow down the administration process.
• A large number of heirs or beneficiaries. Estates involving numerous heirs or beneficiaries often require additional communication, paperwork, and coordination. The process can take longer when beneficiaries live in different states or countries, when family relationships need to be verified, or when disagreements arise regarding distributions.
• A home or other real estate. If the estate includes a house, condominium, cooperative apartment, rental property, or other real estate, additional steps may be required before the estate can be settled. The property may need to be appraised, transferred to heirs, or sold, all of which can add time to the process.
• Ownership of a business. If the person who died owned a business, additional time may be needed to determine what the business is worth and how it should be handled. Questions about ownership, management, or a possible sale can significantly extend the probate process.
• Debts owed by the estate. If a person dies owing money, the individuals or companies seeking payment may file what are known as claims against the estate. Before property can be distributed, the executor may need to determine whether the estate owes money to credit card companies, medical providers, lenders, or other creditors. Disputes about these debts or claims can take time to resolve and may delay the closing of the estate.
• Taxes. The executor may need to file tax returns and address any taxes owed by the estate. In some situations, the estate cannot be closed until tax matters have been resolved and any required payments have been made.
• Property that is difficult to value. Some property is not easy to assign a value to. Artwork, collections, intellectual property, privately held investments, and other unique assets may require appraisals or expert evaluations before they can be sold or distributed fairly among beneficiaries.

Although most probate proceedings follow the same general path, the challenges that arise can vary significantly from one estate to another. Some estates involve little more than transferring a few financial accounts, while others include real estate, business interests, inheritance disputes, or estate litigation. When an estate is straightforward and there are no significant disputes or complications, the administration process is often more predictable. Over the years, our experienced probate attorneys in Nassau County have helped clients navigate both routine estate administrations and complex probate matters involving contested issues and substantial assets.

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

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 lawyer serving Nassau County can help guide you through the process and address issues that arise during the administration of an estate.

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, real estate holdings, fiduciary issues, 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 Nassau County, we serve clients in Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, Staten Island, Westchester County, and surrounding communities throughout the New York metropolitan area.