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Estate Administration and Probate
When a loved one passes, the people left behind are asked to navigate a legal process at one of the most difficult times in their lives. In New York, estates that pass under a will must go through probate in Surrogate’s Court. Estates with a revocable living trust still require administration, including asset marshaling, creditor resolution, tax filings, and distribution to beneficiaries. Both processes have deadlines, filing requirements, and legal obligations that can be easy to overlook without experienced counsel.
Parandian Law guides executors, administrators, and trustees through estate administration in New York. We handle the legal work so that the people responsible for the estate can focus on their families. We explain every step of the process, set realistic timelines, and manage filings and communications with Surrogate’s Court, creditors, and beneficiaries.
New York Surrogate’s Court proceedings vary by county. Westchester County Surrogate’s Court has its own local rules, forms, and procedures. We are familiar with the local practice and handle matters in Westchester and surrounding counties regularly.
Estate Administration Attorney New York · Probate Attorney Westchester · Surrogate’s Court White Plains · Executor Attorney New York · Trust Administration · Letters Testamentary · Estate Settlement · New York Probate Law
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New York estate administration framework
Estate Administration and Probate — the essentials
Probate in New York is the court-supervised process of validating a will and authorizing the executor to administer the estate. The proceeding is filed in the Surrogate’s Court of the county where the decedent resided. The court issues Letters Testamentary to the executor, which is the legal authority to act on behalf of the estate. If the decedent died without a will, the court appoints an administrator and issues Letters of Administration. The probate process requires notice to all distributees, payment of creditors, filing of an inventory of assets, and ultimately an accounting or informal settlement among beneficiaries before the estate is closed.
Not all assets pass through probate. Assets held in a revocable living trust, accounts with named beneficiaries, jointly held property with right of survivorship, and accounts designated as payable on death or transfer on death pass outside the probate estate. For many New York families, only a portion of the decedent’s assets require probate proceedings. Understanding which assets are subject to probate and which pass by other means is one of the first steps in any estate administration engagement. New York also imposes an estate tax on estates exceeding the basic exclusion amount, which differs from the federal estate tax exemption and requires separate analysis.
Key FACTS
Probate filing location:
Surrogate’s Court in county of residence
Court authority issued:
Letters Testamentary or Letters of Administration
Letters of Administration, no will required
Differs from federal exemption
Nonprobate assets:
Trust, beneficiary designations, joint tenancy
Creditor notice period:
Seven months from Letters issuance
Executor commission:
Set by SCPA Section 2307
Small estate affidavit:
Available for estates under $50,000
What we handle
Estate administration and probate services
Executor, administrator, and trustee representation for New York estates of all sizes.
Probate and Surrogate’s Court proceedings
Filing and management of probate proceedings in New York Surrogate’s Court, including petition preparation, notice to distributees, creditor resolution, asset inventory, and obtaining Letters Testamentary or Letters of Administration. We handle Westchester County Surrogate’s Court matters regularly and are familiar with local practice and procedures.
Trust administration
Guidance for successor trustees administering revocable living trusts following the death of the grantor, including asset marshaling, creditor resolution, required notices to beneficiaries, tax filings, and distribution in accordance with the trust terms. Trust administration avoids probate but still requires careful legal compliance.
Executor and administrator representation
Legal representation for executors and administrators throughout the estate administration process, including advice on fiduciary duties, creditor claims, beneficiary communications, asset sales, tax obligations, and the preparation of accountings. We help executors fulfill their obligations and protect themselves from personal liability.
Estate tax and filing compliance
Analysis of New York and federal estate tax exposure, preparation or coordination of estate tax returns, and advice on available deductions and elections. New York’s estate tax basic exclusion amount and cliff effect require careful planning for estates near the threshold. We coordinate with the estate’s accountant where appropriate.
How it works
Our estate administration process
01
Initial assessment
We begin by reviewing the will or trust, identifying all known assets and liabilities, and determining which assets are subject to probate and which pass outside the estate. We advise the executor or trustee on their legal obligations, the anticipated timeline, and the steps required to administer the estate properly under New York law.
02
Court filing and authority
For probate estates, we prepare and file the petition with Surrogate’s Court, provide required notice to all distributees, and obtain Letters Testamentary or Letters of Administration. For trust administrations, we prepare required notices to beneficiaries and advise the successor trustee on their authority and obligations under the trust instrument.
03
Asset marshaling and creditor resolution
We assist the executor or trustee in identifying, valuing, and marshaling estate assets, including retitling accounts, coordinating with financial institutions, and handling real property. We advise on the priority and payment of creditor claims and the seven-month creditor notice period under New York law.
04
Distribution and closing
We prepare the documentation required to distribute assets to beneficiaries in accordance with the will or trust, including receipts and releases and any required court accountings. We advise on final tax filings and coordinate the formal closing of the estate or trust administration.
Common questions
Estate administration and probate FAQ
How long does probate take in New York?
A straightforward uncontested probate in New York typically takes six to twelve months from filing to closing. The timeline is driven largely by the seven-month creditor notice period, which begins when Letters Testamentary are issued and cannot be shortened. Estates with real property sales, disputed claims, tax issues, or beneficiary disagreements take longer. Westchester County Surrogate’s Court has its own scheduling and processing timelines that affect how quickly petitions move through the court. We provide a realistic timeline estimate at the outset of every engagement based on the specific facts of the estate.
What is the difference between an executor and an administrator?
An executor is the person named in the decedent’s will to administer the estate. An administrator is appointed by the court when the decedent died without a will, when the named executor cannot serve, or when the will is not admitted to probate. Both roles carry the same fiduciary obligations under New York law, including the duty to marshal assets, pay creditors, file required tax returns, and distribute the estate to the rightful beneficiaries. The court issues Letters Testamentary to an executor and Letters of Administration to an administrator. Both documents serve as the legal authority to act on behalf of the estate.
Do all estates have to go through probate in New York?
No. Only assets that pass under the decedent’s will or by intestacy require probate. Assets held in a revocable living trust pass to beneficiaries through trust administration without court involvement. Accounts with named beneficiaries, jointly held property with right of survivorship, and accounts designated as payable on death or transfer on death also pass outside the probate estate. For many New York families, careful planning during the decedent’s lifetime can significantly reduce or eliminate the assets subject to probate. New York also has a simplified small estate affidavit procedure for estates with personal property under $50,000.
What are an executor’s fiduciary duties in New York?
An executor in New York owes fiduciary duties to the estate’s beneficiaries, including the duty of loyalty, the duty to act prudently in managing estate assets, the duty to treat all beneficiaries impartially, and the duty to account for all estate transactions. An executor who breaches these duties can be held personally liable for resulting losses. Common areas of executor liability include improper asset sales, failure to pay creditors in the correct priority, unreasonable delay in administration, and self-dealing. We advise executors on their obligations throughout the administration process and help them fulfill those obligations in a way that protects them from personal liability.
Related services
Often considered alongside Revocable Living Trusts
Administering an estate in New York?
Executors and administrators face real legal obligations and personal liability if the estate is not administered correctly. Speak with an attorney before taking action on behalf of the estate.
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