Practice area
Probate and estate administration
When someone dies, their estate has to be administered. Whether they left a will determines which process applies, and either way it runs through the Surrogate's Court.
When a person dies, their will must be administered. If there is a will, the estate goes through probate: the will is presented to the Surrogate's Court, its validity established, and the executor named in it is authorised to act. If there is no will, the estate passes under New York's intestacy rules instead, and the court appoints an administrator to carry that out. Levy Law & Mediation Firm, P.C. handles estate administration and represents fiduciaries (executors, administrators and trustees) through the process.
When families come to us about this
You have been named executor
Someone has died, you are named in the will, and you have no idea what you are actually required to do. The role carries genuine legal duties and it is worth understanding them before you start acting.
There is no will
Without a will, New York's intestacy rules determine who inherits, and the court appoints an administrator rather than an executor. The process is comparable but not identical.
You are a beneficiary and nothing is happening
Where an estate appears to have stalled, or you cannot get information from the fiduciary, there are mechanisms to compel an accounting.
The estate has complications
Property in more than one state, a closely held business, disputes among beneficiaries, or an estate whose debts may exceed its assets all require particular handling.
How the process works
Estate administration follows a recognisable sequence, though the detail varies with the estate and the county.
- Establish whether there is a willThis determines everything that follows. A will means probate and an executor. No will means administration under the intestacy rules and a court-appointed administrator.
- File in the Surrogate's CourtThe petition is filed in the Surrogate's Court for the county where the person lived. Trust and estate matters are heard in the Surrogate's Court, which sits at the same level as the trial court.
- Notify the people entitled to noticeThe people who would inherit are entitled to notice of the proceeding and an opportunity to object. Getting this step right protects the administration from being unwound later.
- The fiduciary is appointedThe court issues the authority the fiduciary needs in order to act: letters testamentary for an executor under a will, or letters of administration where there is no will. Until that is issued, there is limited authority to deal with the assets.
- Marshal the assets and address liabilitiesAssets are identified, collected and valued, and an inventory prepared. Debts, expenses and taxes are addressed before distributions are made; distributing too early is a common and personally risky mistake for a fiduciary.
- Account and distributeThe fiduciary accounts for what was received and paid out, and the remaining assets are distributed to the beneficiaries. The estate is then closed.
What executors and administrators are actually responsible for
A fiduciary acts for the beneficiaries, not for themselves, and is answerable for how the estate is handled. That obligation is the reason most people in the role want representation.
- Locating and safeguarding the estate's assets promptly after death.
- Giving proper notice to the people entitled to receive it.
- Keeping estate assets separate from personal assets, without exception.
- Keeping records adequate to support a formal accounting later.
- Addressing valid debts, administration expenses and any tax filings before distributing.
- Treating beneficiaries impartially and not favoring one over another.
- Distributing strictly in accordance with the will, or with the intestacy rules where there is none.
- Accounting to the beneficiaries and, where required, to the court.
Where we handle these matters
Probate and administration proceedings are brought in the Surrogate's Court for the county where the deceased person lived. The firm handles these matters from Great Neck and Manhattan, principally in Nassau, New York, Queens, Kings, Westchester and Suffolk Counties.
Probate & Estate Administration: common questions
More questions are answered on the firm's FAQ page.
What is the difference between probate and administration?
Probate is the process when there is a will: the will is presented to the Surrogate's Court, its validity established, and the executor named in it is authorised to act. Administration is what happens when there is no will; New York's intestacy rules determine who inherits and the court appoints an administrator. The steps are broadly comparable, but who inherits is decided very differently.
What happens if there is no will?
The estate passes under New York's intestacy rules, which set a fixed order of inheritance regardless of what the deceased person may have said they wanted. There is no discretion in it. This is precisely why having a will matters, and why families are sometimes surprised by the outcome.
How long does probate take in New York?
It depends on the county's calendar, the complexity of the assets, whether tax filings are required, and above all whether anyone objects. An uncomplicated, uncontested estate is a materially different proposition from a contested one. We can give you a realistic estimate once we have seen the specifics.
Can an executor be held personally responsible?
Yes. A fiduciary who mishandles an estate, by distributing before debts and taxes are addressed, mixing estate assets with their own, or failing to account properly, can face personal liability. That exposure is the main reason executors seek representation rather than proceeding alone.
Do all assets have to go through probate?
No. Assets that pass by beneficiary designation or by operation of law, and assets already held in a properly funded trust, generally pass outside the probate estate. Which of your assets fall into that category is worth establishing early, because it changes both the timeline and the work involved.
Named as executor, or facing an estate with no will?
Most families come to us with a decision that already feels overdue. A first conversation is about understanding where you actually stand and what your options are.