Probate in New York
Guiding families through the New York probate process with clarity, efficiency, and compassion. We handle everything so you can focus on what matters.
Probate is the legal process of administering a deceased person's estate — validating their will, paying debts, and distributing assets to beneficiaries. In New York, probate proceedings take place in the Surrogate's Court of the county where the deceased resided. Alan Vaitzman, Esq. has extensive experience navigating New York's Surrogate's Court system and can guide your family through every step of the process.
The New York Probate Process
In New York, the probate process begins when the executor named in the will files a petition with the Surrogate's Court. The court then validates the will, appoints the executor, and oversees the administration of the estate.
- Filing the probate petition with the Surrogate's Court
- Notifying all interested parties (heirs, beneficiaries, creditors)
- Inventorying and appraising estate assets
- Paying valid debts, taxes, and administrative expenses
- Filing required tax returns (estate tax, income tax)
- Distributing remaining assets to beneficiaries
- Filing a final accounting with the court
How Long Does Probate Take in New York?
A straightforward New York probate typically takes 9–18 months. More complex estates — those with disputes, real property in multiple states, business interests, or tax issues — can take 2–4 years or longer. Working with an experienced probate attorney can help streamline the process and avoid common delays.
Administration Without a Will (Intestate Administration)
If someone dies without a will in New York, their estate goes through a process called 'administration' rather than probate. The Surrogate's Court appoints an administrator (usually the closest next-of-kin) to manage the estate, and assets are distributed according to New York's intestacy laws.
- Spouse inherits the first $50,000 plus half the remaining estate
- Children inherit the other half (or all if no spouse)
- Parents inherit if there is no spouse or children
- Siblings inherit if there are no parents, spouse, or children
Contested Probate and Will Disputes
Sometimes beneficiaries or potential heirs challenge the validity of a will or the actions of an executor. Alan Vaitzman has experience handling contested probate matters including will contests, executor removal proceedings, and fiduciary litigation in New York Surrogate's Court.
Frequently Asked Questions
Does every estate go through probate in New York?
Not necessarily. Assets held in a living trust, jointly owned property, accounts with named beneficiaries (like IRAs and life insurance), and assets below a certain threshold may pass outside of probate. An estate planning attorney can help you structure your estate to minimize or avoid probate.
How much does probate cost in New York?
Probate costs in New York include court filing fees (based on estate value), executor commissions (typically 2–5% of estate value), attorney fees, and appraisal costs. For a $500,000 estate, total costs might range from $15,000–$40,000. Proper estate planning can significantly reduce these costs.
Can I contest a will in New York?
Yes. In New York, you can contest a will on grounds including lack of testamentary capacity, undue influence, fraud, duress, or improper execution. Will contests must be filed in Surrogate's Court within specific time limits. Contact us immediately if you believe a will is invalid.
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Alan Vaitzman, Esq.
Senior Associate Attorney
Licensed in New York State. Specializing in estate planning, probate, and Surrogate's Court proceedings.
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