Staten Island Probate Lawyer

Staten Island families often own homes that have been in the family for decades, along with retirement accounts, savings, investment assets, and small businesses. When a loved one dies, questions may arise regarding who has authority to handle these assets, whether probate is required, and how property should ultimately be distributed.

In some cases, the administration process is relatively straightforward. In others, family members may disagree about a will, inheritance rights, creditor claims, or the actions of an executor. Estates involving real estate, family businesses, or complex family relationships may require additional proceedings in Surrogate’s Court before distributions can be made.

At Stephen Bilkis & Associates, our experienced Staten 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, or complex family circumstances, we work to protect our clients’ interests and guide them through the legal process.

What Is Probate Court?

Surrogate’s Court is the court responsible for probate and estate administration matters in New York. When a person dies owning property in their individual name, the court may need to determine who has authority to collect assets, pay debts, and distribute property to beneficiaries or heirs. If the deceased person left a valid will, the court may appoint the executor named in the will. If there is no will, the court may appoint an administrator to handle many of the same responsibilities.

Staten Island probate and estate administration matters are generally handled in the Richmond County Surrogate’s Court. In addition to probate proceedings, the court hears matters involving estate administration, trusts, guardianships, fiduciary accountings, adoptions, and disputes concerning wills, inheritance rights, and the conduct of fiduciaries.

Some estates require relatively little court involvement, while others present significant legal and financial issues. Questions regarding inheritance rights, creditor claims, estate property, fiduciary conduct, business interests, or the validity of a will may require additional proceedings before the estate can be completed. As a result, the probate process can vary considerably depending on the assets involved and the circumstances of the family.

The judges who preside over Surrogate’s Court proceedings are known as Surrogates. The current Richmond County Surrogate is Hon. Matthew J. Titone, who has served on the bench since January 1, 2019. His current term runs through 2031. He oversees matters involving probate, estate administration, trusts, guardianships, adoptions, fiduciary accountings, and other proceedings within the court’s jurisdiction.

The Richmond County Surrogate’s Court is located at:

18 Richmond Terrace
Staten Island, New York 10301
Telephone: (718) 675-8500

Every estate presents its own challenges. Some involve little more than transferring a family residence and a few financial accounts, while others require the resolution of creditor claims, business interests, inheritance disputes, or contested court proceedings. Our experienced Staten Island probate lawyers assist clients with both routine and complex probate matters throughout the administration process.

Who Inherits When There Is No Will?

When a person dies without a valid will, there are no written instructions identifying who should receive property or who should be responsible for handling the estate. In those situations, New York law determines both who inherits and who has priority to manage the estate through a court proceeding known as estate administration.

Many people assume that property automatically passes to a spouse or children when there is no will. In reality, New York has specific inheritance rules that determine which relatives inherit and how much they receive. See N.Y. Est. Powers & Trusts Law § 4-1.1. Depending on the family structure, inheritance may pass to a surviving spouse, children, parents, siblings, or more distant relatives.

Because there is no executor named in a will, the Surrogate’s Court must appoint an administrator to act on behalf of the estate. The administrator is responsible for collecting assets, dealing with banks and financial institutions, paying valid debts and taxes, maintaining estate records, and distributing property to the appropriate heirs.

Determining who qualifies as an heir is not always simple. Questions sometimes arise regarding marriages, divorces, children born outside of marriage, adoptions, and other family relationships. In some cases, the court must resolve these issues before the estate can be distributed. As a result, administration proceedings can become contested even when no one disputes the facts surrounding the person’s death.

The administration process can also be affected when family members disagree about who should serve as administrator or who is entitled to inherit. These disputes may require the Surrogate’s Court to review family records, hear testimony, and determine the legal rights of the individuals involved.

Our experienced Staten Island probate lawyers represent administrators, heirs, beneficiaries, and other interested parties in estate administration proceedings, heirship disputes, and other matters involving estates where no will exists.

What Types of Disputes End Up in Surrogate’s Court?

Surrogate’s Court regularly hears disputes involving wills, inheritance rights, fiduciaries, trusts, and estate property. These proceedings can arise before an estate is opened, during administration, or after distributions have been made. Some disagreements involve family relationships, while others focus on the conduct of a fiduciary, the validity of a will, or the ownership of specific assets.

Common examples of probate litigation include:

• Challenges to a will. An interested party may claim that a will is invalid because it was not properly executed, the deceased person lacked testamentary capacity, or the document resulted from undue influence or fraud. For example, in Matter of Jehle, 2026 NY Slip Op 50767(U) (Sur. Ct. Richmond County May 19, 2026), a daughter challenged a will that had been executed more than two decades before the decedent’s death, alleging improper execution and undue influence. The court ultimately admitted the will to probate and dismissed the objections.
• Disputes regarding executors and administrators. Beneficiaries and heirs sometimes question how an estate is being managed, whether assets have been properly identified, or whether required information is being disclosed.
• Accounting proceedings. Beneficiaries may request a formal accounting to determine how estate assets were collected, managed, and distributed.
• Inheritance disputes. Questions may arise regarding who qualifies as an heir, whether someone has inheritance rights, or how New York’s intestacy laws apply to a particular family situation.
• Trust litigation. Disagreements involving trustees, trust assets, or the interpretation of trust provisions may also be heard in Surrogate’s Court.
• Property ownership disputes. Family members sometimes disagree about whether an asset belongs to the estate, passed outside the estate, or was transferred before death.

Probate litigation can significantly affect the administration of an estate and may require document discovery, witness testimony, expert opinions, and court hearings before the dispute can be resolved. Our experienced Staten Island probate lawyers represent clients in contested Surrogate’s Court proceedings involving a wide range of estate and trust issues.

Why Do Some Estates Take Longer to Settle Than Others?

No two estates follow exactly the same timeline. While some administrations proceed efficiently, others remain open for years because additional issues must be resolved before distributions can be made. The amount of time required often depends on the nature of the assets, the number of interested parties, and whether disputes arise during the process.

One of the most significant timing considerations involves creditor claims. Under New York law, creditors generally have seven months to present claims against an estate. See N.Y. Surr. Ct. Proc. Act § 1802. Because fiduciaries may face liability for improper distributions, many wait until that period has expired before making final distributions.

Factors that commonly extend the administration process include:

• Court proceedings. Probate contests, accounting proceedings, and other litigation can substantially increase the time required to complete an estate.
• Real estate transactions. Property may need to be appraised, marketed, sold, or transferred before the estate can be finalized.
• Asset investigations. Additional time may be required to locate accounts, determine ownership of assets, or gather financial records.
• Tax and financial issues. Filing returns, resolving debts, and addressing creditor claims can delay distributions.
• Family disagreements. Disputes among beneficiaries or heirs frequently slow the administration process.

While no two estates follow the same timeline, proceedings involving litigation, complex assets, or unresolved family issues typically require more time than estates with clear assets, cooperative beneficiaries, and few outstanding obligations.

What Responsibilities Does an Executor or Administrator Have?

Executors and administrators are fiduciaries, meaning they are legally required to act in the best interests of the estate and the individuals who have an interest in it. Once appointed by the Surrogate’s Court, they assume responsibility for handling a wide range of financial, legal, and administrative matters on behalf of the estate.

Common responsibilities include:

• Collecting and safeguarding assets. Estate property must be identified, secured, and protected until it can be distributed, transferred, or sold.
• Managing estate finances. Fiduciaries may need to open estate accounts, collect income owed to the estate, and manage financial matters that arise during administration.
• Addressing debts and expenses. Valid creditor claims, taxes, funeral expenses, and other obligations must be addressed before beneficiaries receive distributions.
• Maintaining records. Fiduciaries are expected to keep accurate records concerning estate assets, income, expenses, and transactions conducted on behalf of the estate.
• Providing information to interested parties. Beneficiaries, heirs, and other interested parties may be entitled to information regarding the administration of the estate and the status of estate assets.
• Distributing property. After administration requirements have been satisfied, estate assets are distributed according to the terms of the will or New York’s intestacy laws.

Fiduciaries are held to a high standard of conduct and may be required to explain their actions through a formal accounting proceeding. Questions sometimes arise regarding how estate assets were managed, whether adequate records were maintained, or whether distributions were handled appropriately. In some situations, disputes arise even before fiduciary letters are issued. For example, in Matter of Barmapov, 2022 NY Slip Op 34438(U) (Sur. Ct. Richmond County Dec. 8, 2022), the Richmond County Surrogate’s Court declined to appoint the individual nominated in the will as preliminary executor and instead appointed the Richmond County Public Administrator because of concerns regarding family conflict and the administration of estate assets while the probate proceeding was pending.

The Surrogate’s Court has broad authority to address issues involving fiduciary eligibility, administration of estate property, and disputes concerning the conduct of executors and administrators. Our experienced Staten Island probate lawyers advise executors and administrators regarding their responsibilities and represent beneficiaries, heirs, and fiduciaries in disputes involving estate administration, accountings, fiduciary appointments, and other probate-related matters.

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

Probate and estate administration can involve a wide range of legal and financial issues, including inheritance rights, fiduciary responsibilities, creditor claims, estate property disputes, and contested Surrogate’s Court proceedings. Whether you are serving as an executor, seeking appointment as an administrator, or trying to protect your interests as a beneficiary or heir, an experienced Staten Island probate lawyer can help you understand your rights and obligations under New York law.

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 contested wills, fiduciary disputes, substantial assets, closely held businesses, and challenging family circumstances.

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