Probate Lawyer in New York City

As part of our Estate & Family Planning practice, we guide executors through probate — the Surrogate's Court process of proving a deceased person's will is valid and granting the executor legal authority (called Letters Testamentary) to act on the estate's behalf. From there, the executor inventories the estate's assets, pays debts and taxes, and distributes what remains according to the will's instructions. For a straightforward estate, this typically takes seven to twelve months; complications like a contested will, tax issues, or disputes among beneficiaries can stretch it well beyond that.

Here’s how this typically works in New York:

1. The original will is filed with Surrogate's Court in the county where your loved one lived.
2. The court notifies beneficiaries and heirs and holds a hearing to validate the will.
3. Once validated, the court issues Letters Testamentary, giving the executor legal authority to act.
4. The executor inventories assets, pays debts and taxes, then distributes what's left according to the will — typically seven to twelve months for a straightforward estate.

• As soon as possible after a loved one passes away with a will — the will has to be filed with Surrogate's Court before anything else can happen
• When a bank, brokerage, or county clerk requires Letters Testamentary before releasing assets or transferring property
• If you've been named executor and aren't sure where to begin
• If you suspect the will might be contested by another family member
• When debts, taxes, or creditor claims need to be resolved before assets can be distributed