Westchester County Probate Lawyer

Probate is often the first time a family encounters the Surrogate’s Court system. The person named as executor may suddenly find themselves responsible for locating assets, dealing with financial institutions, communicating with beneficiaries, maintaining property, and complying with court requirements. At the same time, family members may have questions about a will, inheritance rights, creditor claims, or the administration of the estate. These responsibilities can become even more complicated when an estate includes significant assets, business interests, real estate holdings, or beneficiaries with competing interests.

Westchester County is home to a wide range of estates, from modest family estates to those involving substantial assets, investment portfolios, closely held businesses, and valuable real estate holdings. Questions may arise regarding inheritance rights, the administration of estate property, creditor claims, tax obligations, and the responsibilities of executors and administrators. In some cases, family members disagree about a will, who should inherit property, or how the estate is being handled. These issues can complicate the administration process and may require intervention by the Surrogate’s Court before the estate can be completed.

At Stephen Bilkis & Associates, our experienced Westchester 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 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 Happens When an Estate Goes Through Probate?

When a person dies owning property in their individual name, someone must have legal authority to collect that property, pay outstanding obligations, and ultimately transfer the remaining assets to the appropriate beneficiaries or heirs. Probate is the process that gives an executor that authority when the deceased person left a valid will. If there is no will, the Surrogate’s Court can appoint an administrator to perform many of the same responsibilities through a separate proceeding known as estate administration.

In Westchester County, probate and estate administration matters are generally handled in the Westchester County Surrogate’s Court. The court oversees proceedings involving wills, estates, trusts, guardianships, fiduciary accountings, and related disputes. Depending on the circumstances, the court may be asked to determine whether a will is valid, appoint a fiduciary, resolve inheritance issues, approve accountings, or address other matters affecting the administration of an estate.

The probate process can vary significantly from one estate to another. Some estates involve a few financial accounts and little disagreement among family members, while others include valuable real estate, business interests, creditor claims, inheritance disputes, or other issues that require additional court involvement. Understanding the role of the Surrogate’s Court can help families better understand the legal process that follows a loved one’s death.

The judge who presides over the Westchester County Surrogate’s Court is known as the Surrogate. The current Westchester County Surrogate is Hon. Brandon R. Sall, who was appointed in 2015 and elected to a new term beginning in 2026. He oversees proceedings involving wills, estates, trusts, guardianships, adoptions, and related matters within the court’s jurisdiction.

The Westchester County Surrogate’s Court is located at:

111 Dr. Martin Luther King Jr. Boulevard
White Plains, New York 10601
Telephone: (914) 824-5656

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 Westchester County 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 Westchester County, probate generally begins when a Petition for Probate (Form P-1) is filed with the Westchester County Surrogate’s Court. The petition asks the court to admit the will to probate and appoint the executor. The filing is typically accompanied by the original will, a certified death certificate, and other required documents.
• Receiving authority from the court. If the court determines that the will is valid, the Surrogate signs a Decree Granting Probate (Form P-6). The court then issues Letters Testamentary, which give the executor 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 administering the estate.
• Distributing inheritances. After debts and expenses have been paid, 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 assets were collected, managed, and distributed.

While most probate proceedings follow the same general path, the issues involved can vary significantly from one estate to another. Some estates can be administered relatively efficiently, while others involve real estate, business interests, inheritance disputes, or estate litigation. Over the years, our experienced Westchester County probate lawyers have helped clients navigate both straightforward and complex probate matters.

What Happens if Someone Dies Without a Will?

When a person dies without leaving a valid will, the estate does not avoid the court process. In most cases, the estate still must go through the Surrogate’s Court, and many of the same tasks must be completed before property can be distributed. Assets must be identified and collected, debts and taxes must be addressed, beneficiaries must be determined, and the estate ultimately must be administered and closed.

The primary difference is that there is no will directing who should receive property or naming the person who should handle the estate. Instead, New York’s intestate succession laws determine who inherits. 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 according to the priority 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 gathering assets, paying valid debts and taxes, maintaining estate records, and distributing property to heirs.

While the overall process is similar, estate administration proceedings sometimes involve additional questions regarding family relationships and inheritance rights. Determining who qualifies as a legal heir can become particularly important when there are blended families, questions regarding paternity, or disputes concerning who is entitled to inherit. Our experienced Westchester County probate lawyers help families navigate these issues and move the administration process forward in accordance with New York law.

What Kinds of Disputes Can Arise During Probate?

Not every probate proceeding involves a dispute. However, disagreements sometimes arise when family members have different views regarding a loved one’s intentions, who should inherit property, or how the estate is being administered. In some situations, these issues can be resolved through communication and negotiation. In others, the Surrogate’s Court may be asked to decide the matter.

Some of the more common disputes that arise during probate and estate administration include:

• Will contests. Family members or other interested parties may challenge a will by claiming that the deceased person lacked mental capacity, was subjected to undue influence, was the victim of fraud, or that the will was not properly signed and witnessed.
• 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 decisions affecting estate assets and distributions.
• Fiduciary misconduct claims. Executors, administrators, trustees, and agents acting under powers of attorney are expected to act in the best interests of the people they serve. Disputes may arise when someone is accused of mismanaging assets, failing to maintain records, or using estate property for personal benefit. For example, in Matter of Goldstein, 2022 NY Slip Op 50709(U) (Sur. Ct. Westchester County Aug. 4, 2022), the Westchester County Surrogate’s Court ordered a fiduciary to return funds that had been transferred to himself while acting under a power of attorney and allowed other surcharge claims to proceed.
• Inheritance disputes. Family members do not always agree about who has the legal right to inherit. These disputes may involve questions regarding family relationships, marriage, paternity, or whether a person qualifies as an heir under New York law.
• Trust disputes. Beneficiaries may seek information about trust assets, question how a trust is being administered, or challenge decisions made by a trustee.
• Disputes involving estate property. Questions may arise regarding whether certain assets belong to the estate, whether property was properly transferred before death, or how assets should be valued and distributed.

When disputes develop, they can delay the administration of the estate and increase costs for everyone involved. Our experienced Westchester County probate lawyers help clients evaluate their rights, address contested issues, and protect their interests throughout probate and estate litigation proceedings.

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 assets involved, whether disputes arise, and the overall complexity of the administration process. Some estates can be completed relatively quickly, while others remain open for years. In limited circumstances, a small estate administration may be completed in as little as one to two months. More complex estates, particularly those involving litigation or difficult-to-value assets, can take significantly longer.

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 or disputes among beneficiaries can delay the administration process while the issues are resolved.
• Heirs and beneficiaries. Probate may take longer when heirs are difficult to locate, family relationships must be verified, or the estate involves a large number of beneficiaries.
• Real estate, businesses, and other complex assets. Homes, investment properties, business interests, and other valuable assets often require appraisals, valuations, transfers, or sales before the estate can be completed.
• Debts, creditor claims, and tax matters. Executors may need to address debts, resolve creditor claims, file tax returns, and pay taxes before property can be distributed and the estate can be closed.

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

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

Probate can involve questions about assets, debts, beneficiaries, and inheritance rights. Whether you are serving as an executor, administrator, beneficiary, or heir, an experienced probate attorney serving Westchester County 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, and challenging family circumstances. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients throughout Westchester County, Manhattan, the Bronx, Queens, Brooklyn, Staten Island, Nassau County, Suffolk County, and surrounding communities throughout the New York metropolitan area