After a loved one dies, settling their estate means determining who has authority to act, which assets need court administration, and when inheritances can be distributed. At Sverdlov Law, PLLC, our New York City probate and estate administration attorneys represent executors, administrators, and families throughout this process, from the initial court petition through the final accounting and distributions.
Whether you have been named executor or your loved one died without a will, we help you understand your responsibilities and take the next steps. We prepare court filings, help address estate debts and tax obligations, and guide asset transfers so you can move forward with clear direction.
Some steps have firm deadlines, and acting early protects both the estate and you as its representative. We also keep in mind that the people around the table are family, and we work to settle the estate in a way that keeps those relationships intact.
Recently named executor, or not sure who has authority to act? Start with a free intro call. Contact Our Office – Sverdlov Law PLLC
Why Choose Sverdlov Law, PLLC for Probate and Estate Administration?
Estate administration involves financial decisions as well as legal requirements. Our firm offers:
- Financial training: Katya Sverdlov’s twelve years in financial services and Chartered Financial Analyst (CFA®) designation inform her approach to investment portfolios, accounting questions, and business interests.
- Connected legal services: Our practice includes estate planning, elder law, Medicaid planning, and business succession matters, allowing us to recognize related concerns during administration.
- Personal attention: We listen to your concerns and explain the decisions ahead. We tell you plainly what is required, what is optional, and what a dispute is likely to cost before you commit to it.
- Guidance for estate representatives: We help you understand your duties and maintain records that support a proper accounting. We track the deadlines that apply to your estate so they do not slip past during a difficult time.
- Experience when disputes arise: We represent executors, beneficiaries, and family members in Surrogate’s Court litigation, including will contests, contested accountings, and fiduciary removal proceedings.]
What Is the Difference Between Probate and Estate Administration?
Probate is the Surrogate’s Court proceeding that establishes a will’s validity and authorizes an executor to act through Letters Testamentary. When someone dies without a will, an administration proceeding generally allows the court to appoint an administrator through Letters of Administration.
Without a will, New York’s intestacy laws determine who inherits the estate. For example, if the person who died left a spouse and children, the spouse receives $50,000 plus half of the remainder, and the children share the rest. Family members cannot simply agree to substitute the distribution they believe their loved one would have wanted.
The proceeding is generally filed in the county where the person had their primary residence. In New York City, each of the five boroughs has its own Surrogate’s Court, and each has its own practices and processing times. Being named executor does not, by itself, provide full authority to access estate accounts. We help you obtain the appropriate appointment. If probate will be delayed, for example by a dispute or a missing relative, the named executor can ask the court for preliminary letters testamentary to protect and manage estate assets in the meantime.
Which Assets Pass Through Probate in New York?
Probate generally covers assets owned solely by the person who died without an effective beneficiary designation or another arrangement for transfer at death.
Property held jointly with a right of survivorship usually passes to the surviving owner. Retirement accounts and life insurance payable to designated beneficiaries generally transfer directly, as do accounts with valid payable-on-death or in-trust-for designations.
Assets properly held in a living trust also generally avoid probate, although the successor trustee still has administration duties. We review ownership records and beneficiary designations before recommending a proceeding. A will does not ordinarily override a valid beneficiary designation.
What Does an Executor or Administrator Need to Do?
Your role involves collecting and protecting estate assets, addressing valid obligations, and transferring the remaining property to the appropriate recipients. We help you work through the required steps, including:
- Preparing the petition and supporting court documents.
- Providing required notices to heirs and beneficiaries.
- Identifying assets and obtaining valuations when needed.
- Reviewing debts and coordinating tax filings with an accountant.
- Preparing an accounting and completing distributions.
As a fiduciary, you must act faithfully for the estate and avoid putting your interests first. Keep estate funds separate from your own and document each transaction. Premature distributions or mishandled assets can expose you to personal liability.
Executor duties in New York come with deadlines that are easy to miss:
- Estate tax: If a New York estate tax return is required, it is generally due, with any tax, within nine months of death.
- Spouse’s right of election: A surviving spouse who wants to claim an elective share generally must act within six months after letters issue, and no later than two years after death.
- Creditor period: Distributions made before the seven-month creditor period ends can leave you personally exposed if valid claims later surface.
How Long Does Probate Take, and What Does It Cost?
Settling a New York City estate can take many months and may extend beyond a year, depending on court processing, the assets involved, and any disputes. Missing heirs, a property sale, or a contested will can extend administration. Delays in starting the process often add to these timelines, since bills, maintenance, and taxes on estate property continue while no one has authority to pay them.
New York law includes a seven-month creditor period beginning when letters are issued. This period affects a fiduciary’s protection when making distributions in good faith. It does not guarantee that an estate can close after seven months or eliminate every later claim.
Expenses may include court fees, legal services, appraisals, and accounting work. Executor commissions and a bond may also apply. We’ll outline the anticipated work and expenses at the start and discuss how developments may affect costs.
Deadlines start running at death and when letters issue. A consultation call helps you see which ones apply to your estate. Contact Our Office – Sverdlov Law PLLC
What Happens If Someone Objects to the Will or the Executor? Estate Litigation in New York.
A will contest challenges whether the will should be admitted to probate. Potential grounds include improper execution, lack of testamentary capacity, fraud, or undue influence. Disagreeing with an inheritance does not, by itself, establish a valid challenge.
Only someone with legal standing can object. Generally, that means a person whose inheritance would be reduced if the will were admitted, such as a relative who would inherit more without it or a beneficiary under an earlier will. We help executors understand how objections affect their responsibilities and help family members evaluate concerns about a will’s validity. By reviewing the circumstances early, we can explain your options and the steps needed to address the dispute.
How a will contest works in New York. Before deciding whether to object, a party may question the witnesses to the will and the attorney who prepared it in Surrogate’s Court. If the will contains a “no-contest” clause, which can disinherit a beneficiary who challenges the will, New York law protects certain of these preliminary questions. Formal objections, if any, generally follow on a schedule set by the court. Contested cases may then involve document discovery, depositions, and, if the dispute is not resolved, a trial.
Other disputes after a death. Not every estate dispute is about the will itself. Surrogate’s Court also hears:
- Contested accountings. A beneficiary can ask the court to require the executor or administrator to account for how estate money was handled, and can object to items in that accounting.
- Removal of a fiduciary. The court can suspend or remove an executor, administrator, or trustee on specific grounds, such as mismanaging assets or failing to follow court orders. Courts treat removal seriously and require clear proof, because it overrides the choice the deceased person made.
- Recovering estate property. If someone holds money or property that belongs to the estate, the fiduciary can bring a proceeding to recover it.
Litigation is expensive, slow, and hard on families. We give you an honest assessment of the strength of your position and the likely cost, and we look for a resolution without trial when that serves your interests. When a dispute cannot be resolved, we represent you in Surrogate’s Court.
What Should You Bring to Your First Meeting?
Bring the original will, a certified death certificate, and any trust documents you have. Account statements and information about outstanding bills are also helpful.
You do not need a complete inventory before contacting us. We can help identify missing information and determine which documents the court will require.
Do not distribute assets or sell property before you have authority to act; contact us first.
Take the Next Step Toward Settling the Estate
Settling a loved one’s estate comes with responsibilities you may be handling for the first time. At Sverdlov Law, PLLC, we help you understand your role, address court requirements, and make informed decisions throughout administration. Contact us today to schedule a consultation and discuss the next steps for your loved one’s estate.
Frequently Asked Questions
Is there a small estate affidavit in New York?
New York’s version is called voluntary administration. It is available when the person who died left personal property worth $50,000 or less, not counting certain property set aside for the family. It cannot be used to transfer real estate held in the person’s sole name, and assets that pass by beneficiary designation or joint ownership do not count toward the limit.
What if the named executor does not want to serve?
A nominated executor can formally renounce the appointment by filing a renunciation with the Surrogate’s Court. An eligible alternate executor may serve, or the court can appoint another qualified person under the applicable rules. Renouncing early, before taking any action for the estate, avoids delays and confusion about who has authority.
What can I do if the executor will not share information or seems to be mishandling the estate?
A beneficiary can petition the Surrogate’s Court to require the executor to file an accounting, which shows every dollar received and spent. If there are serious problems, the court can also suspend or remove the executor. Acting promptly matters, because assets that are spent or transferred can be difficult to recover.
Will I lose my inheritance if I ask questions about the will?
Not for asking certain questions. Even if the will has a no-contest clause, New York lets a beneficiary examine the will’s witnesses, the attorney who drafted it, and certain others before deciding whether to object. Going beyond those protections can risk the inheritance, so get advice before taking further steps.
What happens to the estate while a will contest is pending?
The estate does not have to sit unattended. The court can issue preliminary letters to the named executor, or appoint a temporary administrator, so bills can be paid and assets protected while the dispute is resolved. Distributions to beneficiaries generally wait until the contest ends.
How long does a surviving spouse have to claim an elective share?
Generally within six months after letters issue, and no later than two years after death. The court can extend this period only in limited circumstances, so a spouse who is unhappy with a will should get advice quickly.
What if my loved one owned real estate in another state?
A separate proceeding, often called ancillary administration or ancillary probate, may be needed where the property is located. The requirements depend on that state’s law and how the property was owned.