Probate Lawyer New York, NY
Probate is the court-supervised process of authenticating a will and administering an estate through the Surrogate’s Court. In New York County (Manhattan), the Surrogate’s Court at 60 Centre Street handles probate matters under the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). Mr. Sris and his Of Counsel bring over 120 years of combined legal experience (4,739+ documented firm-wide results) to probate proceedings, helping executors, administrators, and beneficiaries navigate estate administration, creditor claims, and any disputes that arise. Results may vary. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your matter. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Probate Means in New York
Probate in New York involves presenting a will to the Surrogate’s Court for admission, appointing a fiduciary, and overseeing the settlement of the decedent’s affairs. The Surrogate’s Court in each county—including the New York County Surrogate’s Court at 60 Centre Street—has jurisdiction. Even when a person dies without a will, estate administration under Article 10 of the SCPA proceeds through the same court. New York’s statutory framework requires that interested parties receive notice, creditors be paid, and assets be distributed according to the will or intestacy laws.
Estate tax considerations often shape probate strategy. New York imposes a state estate tax on taxable estates over the applicable exclusion amount, which for 2026 is set by NY Tax Law § 952(c)(2). Below that threshold, estates pass free of state estate tax. The New York estate tax includes a “cliff” provision: if the taxable estate exceeds 105% of the exclusion, the entire estate is taxed, not just the excess. Careful planning during probate can help minimize tax impact while keeping the process moving forward.
For decedents dying in 2026, the New York basic estate tax exclusion amount is set by NY Tax Law § 952(c)(2) and is indexed annually.
Source: NY Tax Law § 952. nysenate.gov
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Probate Cases
Mr. Sris and his Of Counsel approach probate by first identifying the most efficient path to settle the estate. That may involve probating a will, pursuing a small-estate affidavit where applicable, or guiding the fiduciary through voluntary administration. The team prepares the petition, coordinates with the Surrogate’s Court to address any citation or bond requirements, and works with the fiduciary to marshal assets, pay debts, and prepare an account.
When disputes arise—such as a will contest, a breach of fiduciary duty claim, or a contested accounting—Mr. Sris and his Of Counsel draw on extensive litigation experience. The firm’s approach focuses on protecting the fiduciary’s obligations and the beneficiaries’ rights, while seeking resolutions that keep costs proportionate to the estate. The timeline for probate varies by case complexity and court scheduling, but the firm remains available to guide clients at every stage.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His Of Counsel team brings over 120 years of combined legal experience (4,739+ documented firm-wide results). Results may vary. The firm serves clients from its Buffalo location and appears in Surrogate’s Courts throughout New York, including New York County.
Frequently Asked Questions
What is probate, and when is it required in New York?
Probate is a Surrogate’s Court proceeding to validate a will and authorize the executor to administer the estate. It is generally required when a decedent owned assets solely in their name, such as real estate or bank accounts without a beneficiary designation, regardless of whether a will exists.
How long does the probate process take in New York County?
The timeline varies by case complexity and court scheduling. An uncontested probate with a valid will and cooperative parties typically moves more quickly than a contested matter. The Surrogate’s Court calendar, the need for a bond, creditor claims, and estate tax filing all influence the overall duration.
Do I need a lawyer for probate in New York?
New York law does not require an executor to hire an attorney, but probate involves legal procedures—filing petitions, serving citations, preparing accountings—that can be challenging without legal guidance. Mr. Sris and his Of Counsel assist executors and administrators in managing these obligations while minimizing personal liability.
What happens if a will is contested?
A will contest is heard in the Surrogate’s Court and may be based on allegations of lack of testamentary capacity, undue influence, improper execution, or fraud. The contest stays the probate process and can lead to costly litigation. Mr. Sris and his Of Counsel represent fiduciaries and beneficiaries in will contests, working toward a resolution that preserves estate assets.
How is the executor’s commission determined in New York?
Executor commissions are set by statute under SCPA § 2307, calculated as a percentage of the estate’s value received and paid out. The specific amount depends on the estate and the services rendered. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What is the difference between probate and estate administration?
Probate refers to the process when there is a will; estate administration (sometimes called “administration”) applies when the decedent died without a will. Both types of proceedings are filed in the Surrogate’s Court and involve appointing a fiduciary to settle the estate, though the distribution of assets follows the will in probate and the intestacy laws in administration.
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Case results depend on a variety of factors unique to each case.
Results may vary.