Probate Process in New York

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Understanding the Legal Steps After a Death

Probate is the legal process of proving a will and administering an estate. It can feel overwhelming—especially when you're grieving or trying to manage a loved one’s affairs. We walk clients across New York City and the Greater Hudson Valley through every step of the probate process, explaining what’s required, what to expect, and how to move forward.

Key Steps in a Typical Probate Case

  1. Locate the Will (if there is one)

  2. File the will with the Surrogate’s Court in the county where the deceased lived

  3. Petition the court to be appointed as executor or administrator

  4. Notify heirs & beneficiaries

  5. Collect and value assets (bank accounts, real estate, etc.)

  6. Pay debts, taxes & expenses

  7. Distribute the remaining property according to the will or intestacy laws

  8. Close the estate once all obligations are met

Every estate is different—some are simple, others involve complex property, out-of-state heirs, or disputes. We tailor our approach to your situation.

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Local Probate Experience Matters

We’ve handled probate in Surrogate’s Courts throughout NYC (Manhattan, Brooklyn, Queens, Bronx, Staten Island) and the Hudson Valley (including Dutchess, Orange, Rockland, and Ulster Counties). We know what documents to submit, how to avoid delays, and how to keep your case moving.

Frequently Asked Questions

  • What is “Surrogate’s Court”?

    It’s the part of the New York court system that handles wills, estates, guardianships, and adoptions. Each county has its own Surrogate’s Court.

  • Do all estates go through probate?

    Not always. Small estates under $50,000 (with no real property) may qualify for a simplified process. Assets with named beneficiaries (like life insurance or joint accounts) may also bypass probate.

  • What if someone contests the will?

    We can help defend a valid will or, if needed, challenge a will that was created under questionable circumstances. Will contests can delay the process, so legal guidance is key.

  • Can probate be avoided?

    In some cases, yes—by using tools like trusts or properly titled accounts. But once someone passes away, you can’t avoid probate retroactively if a will exists and assets are in their name alone.

We’ll Guide You Through Every Step

If you’re navigating the probate process after a loved one’s death, you don’t have to figure it out alone. We’ll help you understand the rules, stay on track, and get it done right. Call us today for experienced, local guidance.

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