PROBATE & ESTATE ADMINISTRATION
What Is Probate?
Probate is the legal process that takes place when a person dies leaving a valid will. The Surrogate’s Court in the county where the decedent resided oversees the process. The court reviews the will to confirm its validity, and once admitted, appoints the nominated executor to manage the estate. The executor is responsible for identifying assets, paying debts and taxes, and distributing property to beneficiaries in accordance with the will.
The death of a loved one often brings not only grief but also complex legal and financial responsibilities. In New York, the process of settling an estate—whether through probate or estate administration—can be unfamiliar and overwhelming. At the Law Offices of Colin D. Smith, we provide clear guidance and trusted representation to executors, administrators, and families navigating these important steps.
What Is Estate Administration?
Commonly Asked Questions
How long does Probate take in New York?
The length of probate varies depending on the size of the estate and whether the will is contested. Simple cases may take a few months, while more complex estates can take a year or longer.
Do all estates have to go through Probate?
Not necessarily. Certain assets—such as jointly owned property, accounts with named beneficiaries, or assets held in trust—may pass outside of probate. Estates valued under $50,000 may qualify for a simplified procedure known as voluntary administration.
What are an Executor's responsibilities?
Executors are tasked with collecting and safeguarding estate assets, paying valid debts and expenses, filing necessary tax returns, and ultimately distributing assets to the beneficiaries. Executors also have a fiduciary duty to act in the best interests of the estate.
What if family members disagree about a Will or Estate?
Disputes can arise over the validity of the will, the interpretation of its terms, or the actions of the executor or administrator. The Surrogate’s Court resolves such disputes, and legal counsel is essential to protect rights and reach resolution.
What if there is no Will?
New York’s intestacy laws will determine heirs. Typically, assets pass to a surviving spouse and children, or, if none, to other close relatives. Without a will, the decedent has no control over the ultimate distribution of their estate.
A Practical Guide for Executors
The steps below outline the general responsibilities of an executor or administrator in New York. Every estate is different, and the exact process may vary depending on the size of the estate, the type of assets involved, and whether disputes arise. This checklist is provided for informational purposes only and should not be relied upon as legal advice. Executors and administrators are strongly encouraged to consult with an attorney to ensure compliance with New York law and to protect against personal liability.
Serving as an executor or administrator is an important responsibility. Here are the key steps most estates will require:
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Secure the death certificate
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Obtain multiple certified copies from the funeral home or local registrar.
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Locate the will and important documents
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Identify the original will (if any), trust documents, deeds, insurance policies, and account statements.
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File a petition with Surrogate’s Court
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Submit the will (for probate) or apply for estate administration (if no will exists).
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Notify heirs and beneficiaries
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Provide formal notice as required by the court.
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Identify and safeguard assets
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Secure property, collect bank and investment accounts, and document valuables.
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Open an estate bank account
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Use this account to collect income, pay debts, and cover administration expenses.
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Pay debts, expenses, and taxes
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Settle valid claims, funeral expenses, and file any required estate or income tax returns.
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Prepare an accounting
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Keep detailed records of all estate transactions to report to the court and beneficiaries.
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Distribute remaining assets
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Transfer property and funds to beneficiaries according to the will or intestacy laws.
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Close the estate
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File a final accounting or receipts and releases, then obtain court approval to close the estate.
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If a person dies without a will, the process is known as estate administration. Instead of an executor, the court appoints an administrator—often a family member—in accordance with New York’s intestacy laws. These laws determine who inherits the estate, which may not always reflect what the decedent would have wanted. The administrator has responsibilities similar to an executor but must distribute property as required by statute.