Service

Probate & Administration

Guiding families through probate and estate administration after the loss of a loved one, including representation in Surrogate's Court, asset collection and transfer, estate accountings, and distributions to beneficiaries.

Overview

Probate is the legal process for transferring property after someone has died. During a difficult time, we help clients navigate probate petitions, asset inventories, final accountings, tax filings, distributions, and Surrogate’s Court requirements.

Related Services

  • Probate and administration proceedings
  • Surrogate's Court filings and appearances
  • Collection and transfer of estate assets
  • Preparation of estate accountings
  • Distributions to beneficiaries
  • Fiduciary guidance for executors and administrators
  • Resolution of estate-related disputes
Questions & Answers

Probate in Westchester: common questions

What is the difference between probate and administration?

Probate is the court process that proves a will is valid and appoints the executor named in it. Administration is the process used when someone dies without a will; the court appoints an administrator and the estate passes under New York's intestacy rules, which generally favor the spouse and children. Both take place in the Surrogate's Court.

Which Surrogate's Court handles a Westchester estate?

The estate of a person who lived in Westchester County is handled by the Westchester County Surrogate's Court, 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601, regardless of where the family members live.

How long does probate take in Westchester County?

An uncontested estate with cooperative family members and straightforward assets commonly takes several months from filing to the issuance of letters, and longer to fully administer and close. Estate tax returns, real estate, business interests, missing heirs, or a dispute can extend the timeline considerably. We give clients a realistic schedule at the first meeting.

Is there a simpler process for small estates?

Yes. New York offers a simplified small estate proceeding, called voluntary administration, for estates whose personal property is worth $50,000 or less and that have no real property passing through the estate. We can tell you quickly whether an estate qualifies.