Manhattan’s Trusted Estate Planning And Litigation Attorney For More Than 40 Years

What Is Probate?

Probate is the court proceeding that proves the validity of a person’s will following their death. After the will is “admitted to probate,” the executor administers the estate. Estate assets (assets of the deceased) are collected and, after expenses and taxes are paid, distributed to heirs. While the process sounds straightforward, there may be heirs and creditors to notify, valuations of assets, taxes to file and deadlines to meet.

Seasoned with over 40 years of experience in the New York probate courts, attorney William A. Simon efficiently moves an estate through the probate process.

Understanding Surrogate’s Court

The New York Surrogate’s Court is the court in which all matters relating to the estates of deceased New York residents are determined. The surrogate is the judge in this particular court; each county in New York has at least one surrogate.

The Surrogate’s Court of New York County (Manhattan) and Kings County (Brooklyn) each have two surrogate judges. The Surrogate’s Court handles, among other matters, the probate of wills and appointment of executors, the appointment of administrators who administer the estates of people who die without a valid will, and any disputes over the validity of a will or the administration of a trust or a decedent’s estate.

Frequently Asked Questions On Probate

While the probate process can seem overbearing, understanding the basics can help beneficiaries and executors handle it better. Below are answers to some of the most common probate-related questions in New York:

Is probate required in New York state?

Probate is necessary in New York if the deceased owned assets solely in their name. It includes property such as real estate, bank accounts or personal property without designated beneficiaries or joint ownership.

However, not all estates go through full probate. If the total value of the estate is $50,000 or less, it may qualify for a simplified process called voluntary administration, which is quicker and less costly.

Certain assets, such as those held in a trust or jointly owned with survivorship rights, bypass probate entirely.

How long does the probate process take in New York?

The time it takes for probate in New York varies depending on the complexity of the estate. For straightforward cases without disputes, probate may take six to nine months. However, larger estates, contested wills or cases involving debt or property disputes can extend the process to over a year.

Delays may also occur if there are challenges to the will, difficulty locating heirs or unresolved tax issues.

What is exempt from probate in New York?

Certain types of assets are not subject to probate in New York. These include jointly owned property, such as real estate held as joint tenants with rights of survivorship and assets with designated beneficiaries, like life insurance policies, retirement accounts and payable-on-death bank accounts.

Also, assets placed in a trust avoid probate.

How is debt handled in probate?

Debt is a critical part of the probate process. The executor is responsible for notifying creditors and settling valid debts using estate assets. It may include mortgages, credit card balances, medical bills or unpaid taxes.

Creditors have seven months from when the executor is appointed to file claims. If the estate’s debts exceed its value, creditors are paid based on a priority system, starting with secured debts and taxes.

What is the role of an executor in probate?

The executor’s duties include:

  • Filing the will with the Surrogate’s Court
  • Gathering and inventorying assets
  • Notifying heirs and creditors
  • Paying debts and taxes
  • Distributing remaining assets to beneficiaries

Executors must act in the best interests of the estate and its heirs, adhering to New York probate laws.

You Do Not Have To Contend With Probate On Your Own

Probate and estate administration can be a daunting task without the assistance of an experienced probate attorney in your corner. Depending on the nature of your loved one’s estate, there could be a lot of moving parts to address at the same time you are grieving their loss. Attorney William A. Simon has been trusted by individuals and families in New York for more than four decades. He handles all matters relating to probate and estate administration with meticulous attention to detail and compassion. Call McGarry & Simon in New York at 212-235-1898 or send a secure email to initiate a complimentary consultation.