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Westchester County Surrogate’s Court
The Westchester County Surrogate’s Court oversees a wide range of legal matters involving estates, trusts, guardianships, adoptions, and other proceedings assigned to it under New York law. Understanding the court’s role can help you better understand what happens after a loved one’s death, when a court proceeding may be required, and the types of matters the Surrogate’s Court is authorized to decide.
At Stephen Bilkis & Associates, our Westchester County Surrogate’s Court lawyers represent executors, administrators, beneficiaries, heirs, trustees, and other interested parties in proceedings before the Westchester County Surrogate’s Court. Stephen Bilkis, founder of Stephen Bilkis & Associates, 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. Every family’s situation is different, and no two estates are exactly alike. Whether you need help filing a probate petition, obtaining authority to administer an estate, resolving a dispute involving a will or trust, or navigating another proceeding before the Westchester County Surrogate’s Court, we are here to guide you through the process with practical advice and personalized representation.
What is the Westchester County Surrogate’s Court?
The Westchester County Surrogate’s Court is one of the trial courts in the New York State Unified Court System. New York has a separate Surrogate’s Court in each county, and proceedings are generally filed in the county where the deceased person was domiciled, meaning the county that served as the person’s permanent legal residence at the time of death.
Unlike the Supreme Court, which hears a broad range of civil and criminal matters, the Surrogate’s Court has a more specialized role. Its jurisdiction is limited to the types of proceedings assigned to it by New York law, including matters involving estates, trusts, certain guardianships, and adoptions. Because of this specialized jurisdiction, families often find themselves working with the Surrogate’s Court when legal authority is needed to settle a loved one’s affairs or when disputes arise involving an estate or trust.
The Westchester County Surrogate’s Court is located at:
111 Dr. Martin Luther King Jr. Boulevard
White Plains, New York 10601
The judges who preside over the Westchester County Surrogate’s Court are called Surrogates. The current Surrogate is Hon. Brandon R. Sall, and the Acting Surrogate is Hon. Helen M. Blackwood. The court’s main telephone number is 914-824-5656.
Every matter filed in the Westchester County Surrogate’s Court has its own facts and legal issues. Whether you are dealing with probate, estate administration, a trust, or another proceeding, an experienced Westchester County Surrogate’s Court lawyer can explain the court process, identify the appropriate type of proceeding, and help you understand what to expect as your case moves forward.
How do I know whether my family needs the Surrogate’s Court?
One of the first questions many families ask is whether they need to file anything with the Westchester County Surrogate’s Court. The answer depends on several factors, including whether your loved one left a will, the types of assets they owned, how those assets were titled, and whether someone needs legal authority from the court to handle the estate.
A proceeding before the Surrogate’s Court is commonly required when:
- A loved one left a will and owned assets that require probate. For example, if your loved one owned a home, bank account, or investment account in their name alone with no designated beneficiary, a probate proceeding may be necessary before those assets can be transferred.
- A loved one died without a valid will. If no will exists and court authority is needed to collect or distribute the estate, the Surrogate’s Court may appoint an administrator to handle those responsibilities according to New York law.
- Family members or beneficiaries challenge the validity of a will. This type of proceeding is commonly known as a will contest or will challenge. For example, someone may claim that the will was not properly executed, that the deceased lacked the mental capacity to make a will, or that the will resulted from undue influence or fraud.
- A dispute arises involving a trust. For example, beneficiaries may disagree with how a trustee is managing trust assets or question whether the trustee is carrying out the terms of the trust.
- A guardian must be appointed to manage property inherited by a minor. For example, if a child inherits money or other property from a parent or grandparent, the Surrogate’s Court may appoint a guardian to manage those assets until the child reaches adulthood.
- Another matter falls within the Surrogate’s Court’s jurisdiction. For example, the court also handles many adoption proceedings and other estate-related matters assigned to it under New York law.
On the other hand, some property transfers automatically without a Surrogate’s Court proceeding. Examples include jointly owned property with rights of survivorship, life insurance proceeds payable to a named beneficiary, retirement accounts with designated beneficiaries, payable-on-death (POD) and transfer-on-death (TOD) accounts, and assets held in a properly funded living trust.
Even when probate is unnecessary, the Surrogate’s Court may still become involved if a dispute develops concerning a trust, the conduct of a fiduciary, or another matter within the court’s jurisdiction. Our experienced Westchester County Surrogate’s Court lawyers can review your family’s circumstances and help determine whether court involvement is necessary.
What matters does the Westchester County Surrogate’s Court handle after a loved one dies?
After the death of a loved one, our experienced Westchester County Surrogate’s Court lawyers represent executors, administrators, beneficiaries, heirs, trustees, and other interested parties in a wide range of proceedings before the Westchester County Surrogate’s Court. The court has jurisdiction over many legal issues that can arise during the administration of an estate. Jurisdiction refers to a court’s legal authority to hear and decide certain types of cases. Some estates involve only a straightforward probate proceeding, while others require the court to resolve disputes, appoint a fiduciary, or address other estate-related issues.
Some of the most common matters handled by the Westchester County Surrogate’s Court after a person’s death include:
- Probating a will. If your loved one left a will, the court determines whether it satisfies New York’s legal requirements and should be admitted to probate. If the will is admitted to probate, the court generally issues Letters Testamentary, which authorize the executor to administer the estate. See EPTL § 3-2.1; SCPA art. 14.
- Appointing an administrator. If your loved one died without a valid will, or if no executor is able or willing to serve, the court may appoint an administrator to settle the estate. The court issues Letters of Administration, which authorize the administrator to collect estate assets, pay valid debts, and distribute the remaining property according to New York’s intestacy laws. See EPTL § 4-1.1; SCPA §§ 1001-1002.
- Administering a small estate. Some estates qualify for a simplified procedure called voluntary administration. This process allows certain smaller estates to be handled without a full probate or estate administration proceeding. See SCPA art. 13.
- Resolving a will contest or will challenge. If someone questions whether a will is valid, the Surrogate’s Court decides the issue. For example, a family member or beneficiary may claim that the will was not properly executed, that the deceased lacked testamentary capacity, or that the will resulted from undue influence or fraud. This process is illustrated by Matter of Malan, 56 A.D.3d 479 (2d Dep’t 2008), in which the Appellate Division upheld a Westchester County Surrogate’s Court decision admitting a will to probate after concluding that the objections alleging lack of testamentary capacity and undue influence had been properly dismissed.
- Reviewing the actions of an executor or administrator. Beneficiaries or other interested parties may ask the court to review how an estate is being managed. For example, someone may believe that estate assets are being mishandled, that required information is not being shared, or that the executor or administrator is not fulfilling their legal responsibilities.
- Resolving disputes involving a trust. If your loved one created a trust during life or through a will, disagreements may arise about how the trust is being administered. For example, beneficiaries may question how trust assets are being managed or whether the trustee is following the terms of the trust. This type of dispute is illustrated by Matter of Castellucci, 147 A.D.3d 826 (2d Dep’t 2017), in which the Appellate Division affirmed a Westchester County Surrogate’s Court order requiring the trustee to provide an accounting to a trust beneficiary.
Frequently Asked Questions
How long does it take to settle an estate that goes through the Westchester County Surrogate’s Court?
There is no set timeline for every estate. The length of a probate or estate administration proceeding depends on factors such as the size and complexity of the estate, whether creditors file claims, whether estate assets must be sold, whether tax issues arise, and whether family members or beneficiaries disagree about any aspect of the estate. Although it is not possible to predict exactly how long every estate will take to administer, we keep clients informed throughout the process, providing regular updates so they understand the progress of the estate, what has been completed, and what steps remain before the estate can be settled.
When will beneficiaries or heirs receive their inheritance?
Beneficiaries and heirs usually do not receive their inheritance immediately after someone dies. Before distributing property, the executor or administrator generally must collect estate assets, pay valid debts, satisfy applicable taxes, and pay administrative expenses, and complete other legal responsibilities. The timing of distributions depends on the circumstances of the estate and whether any disputes or other issues delay the administration process.
Where do I file documents with the Westchester County Surrogate’s Court?
Probate petitions, estate administration petitions, and many other documents are generally filed with the Surrogate’s Court Clerk’s Office. When you arrive at the courthouse, court personnel can direct you to the appropriate clerk if you are unsure where to go. Depending on the type of proceeding, you may also be required to submit additional forms, supporting documents, or filing fees before your papers can be accepted.
Do I have to pay filing fees to the Westchester County Surrogate’s Court?
Yes. The Surrogate’s Court charges filing fees for many proceedings, including probate and estate administration. The amount of the filing fee often depends on the value of the estate. For example, if the value of the probate estate is $500,000 or more, the filing fee to commence a probate proceeding is $1,250. Estates with lower values are subject to lower filing fees according to the statutory fee schedule, and other types of proceedings may have different filing fees. See SCPA § 2402(1), (7).
Contact Stephen Bilkis & Associates
Proceedings before the Westchester County Surrogate’s Court can involve important legal and financial issues that affect your family, your inheritance, and the administration of a loved one’s estate. Whether you need assistance probating a will, administering an estate, resolving a trust dispute, establishing a guardianship, or addressing another matter within the Surrogate’s Court’s jurisdiction, our experienced Surrogate’s Court attorneys serving Westchester County are prepared to guide you through the process. Stephen Bilkis, founder of Stephen Bilkis & Associates, 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.
If you need help with a matter before the Westchester County Surrogate’s Court, contact us today at 800.696.9529 to schedule a free, no-obligation consultation. We represent clients throughout Westchester County as well as in Nassau County, New York City, Suffolk County, and the surrounding areas.