Probate & Estate Administration Manhattan

When a Manhattan resident passes away, settling the estate usually involves the New York County Surrogate’s Court. We guide executors, administrators, and families through probate and estate administration under the EPTL and the Surrogate’s Court Procedure Act (SCPA), with particular attention to the estates of retirees and seasonal residents.

Probate When There Is a Will

If your loved one left a valid will, the named executor petitions the Surrogate’s Court to admit the will to probate. The court reviews the will, interested parties receive notice, and once the will is admitted the court issues letters testamentary. Those letters give the executor authority to collect assets, pay debts and taxes, and distribute the estate according to the will. We prepare the petition and supporting documents and represent the executor throughout.

Administration When There Is No Will

If there is no valid will, the estate passes by New York’s intestacy rules in EPTL 4-1.1. A close relative petitions for letters of administration. New York’s intestacy scheme sets fixed shares, for example dividing the estate between a surviving spouse and children. Because intestacy may not match what your loved one would have wanted, this is also a reminder for the living to put a plan in place.

Small and Voluntary Estate Administration

Not every estate requires full probate. Under SCPA Article 13, a voluntary administration is available when the decedent’s personal property is modest and within the statutory limit for small estates. A voluntary administrator can collect and distribute assets through a simplified process. This is often a good fit for a retiree whose larger assets passed by beneficiary designation or trust, leaving only a small probate estate. We help families determine whether Article 13 applies and handle the filing.

Duties of the Fiduciary

An executor or administrator must inventory assets, give notice to creditors, file final income and any estate tax returns, and keep accurate records. New York fiduciaries can be held personally responsible for mistakes, so careful administration matters. We advise fiduciaries on their obligations and help them obtain releases before closing the estate.

Spousal Right of Election

During administration, a surviving spouse may assert the right of election under EPTL 5-1.1-A to claim roughly one-third of the net estate, including certain testamentary substitutes. There are strict deadlines to exercise this right. We counsel both fiduciaries and surviving spouses on how the election affects distribution.

When the Decedent Was a Snowbird

If your loved one split time between New York and another state, the question of domicile can affect where the estate is administered and which state may tax it. We help families establish that New York was, or was not, the domicile and coordinate any ancillary proceedings for out-of-state property.

Consult a New York Attorney

This page offers general information, not legal advice. Every estate is different, and Surrogate’s Court procedure is detailed. Please consult a licensed New York attorney before beginning or responding to a probate or administration proceeding.