Long Island Probate Lawyers

Get Legal Help Navigating Probate in New York

Get Legal Help Navigating Probate in New York In New York, individuals who die with a will must have their estate resolved in a process known as probate. This is also true for those who die “intestate”—without a will, which is a process known as Administration.

A probate or administration process can be complicated and expensive, so hiring legal professionals who will simplify the process is important, saving you time and money. If your loved one has passed away, you have our deepest sympathies. We know this is a difficult time for you and your family, and we promise to stand by your side throughout the estate administration. We have decades of combined experience helping clients like you through the complex and confusing probate and administration process. Please reach out to us if you have any questions or to schedule an assessment by calling (516) 253-1366.

What Is the Probate Process in New York?

Probate is legally required in the state of New York whenever someone dies with a will, even if a trust-based plan was established but not all assets were properly titled in the trust’s name. For individuals with no will or who died intestate, Estate Administration is necessary.

However, probate is not required if the deceased established trusts and all assets were properly transferred. For estates with a will and less than $50,000 in assets, a simplified small estate proceeding is often used instead of full probate.

Some of the specific steps that must be taken when an estate goes through probate are:

Validating the will, ensuring it is legally sound
Inventorying the decedent’s estate, including all properties and assets
Appraising properties as necessary to determine the value of the estate
Notifying creditors that the estate is being probated, and they must file a claim for any outstanding amount within a certain time frame
Paying all debts, including taxes
Resolving disputes regarding creditors
Settling disputes among beneficiaries
Distributing the remainder of the estate according to the will
Preparing and filing final tax returns

Please note that if the person died with no will, the above steps would be very similar. However, the estate would be distributed to beneficiaries according to New York law because there would be no will to indicate the wishes of the deceased.

Is Probate Always Necessary?

Probate is the legal process through which the estate of a deceased person is administered when there is a will. Estate Administration is the similar process used when there is no will. One of these processes is typically required if the deceased person had property in their name only. However, certain assets can pass outside of probate or administration, including the following:

Property held in joint ownership with rights of survivorship (such as a house owned by two spouses)
Accounts with designated beneficiaries, such as retirement accounts or life insurance policies
Trusts that hold assets

What Happens to Debts in Probate?

The executor of the estate is responsible for identifying and paying the decedent’s debts. This involves publishing a notice to creditors in a newspaper approved by the court to inform them that the estate is being probated, and they have an opportunity to make claims for any debts owed to them. Creditors must file claims against the estate within a specified period, and the executor uses estate assets to pay these debts, including funeral expenses, outstanding bills, and taxes. If there are not enough assets to cover all the debts, the estate may be considered insolvent, in which case creditors may receive only partial payments based on the estate’s available funds.

Can a Probate Be Contested?

If you are involved in a probate dispute, an experienced probate lawyer can help protect your interests. The probate process may be contested for various reasons, including the following:

Allegations of fraud or coercion in the creation of the will
Disputes over the validity of the deceased’s signature
Claims that the will is invalid due to undue influence or improper execution
Claims by individuals who believe they were unfairly excluded from the will

What Is the Probate Process If the Deceased Left No Will?

If a person dies intestate (without a will), a probate is filed, and the assets of the estate are divided according to New York laws of intestate succession. Assets are distributed to the surviving spouse and/or children of the deceased. If there are no surviving spouse or children, then the estate is distributed to the surviving parent or parents, or if there are no surviving parents, to surviving siblings.

How Long Does Probate Take in New York?

The length of time the probate process takes can vary, depending on the complexity of the estate. On average, it may take six months to one year, although complexities or disputes can extend the process. Key factors that influence the timeline of probate are the size of the estate, the types of assets involved, the existence of debts, and whether there are any challenges to the will.

Do Estate Taxes Apply in New York?

New York does have an estate tax. However, the basic exclusion amount for deaths in 2025 is $7,160,000, as stated by the New York State Department of Taxation and Finance. When an estate exceeds the federal exemption amount ($13,990,000 in 2025), our firm can help you determine whether estate taxes will apply to your estate and help you plan accordingly.

What Are Some Risks Associated with Probate?

Estate planning lawyers often warn individuals about probate, designing an estate plan that avoids the process as much as possible. This is because probate can be complicated, time-consuming, and costly, burdening family members who are already grieving their deceased loved one.

Some of the risks associated with probate are:

Family disagreements – Family arguments over the inheritance can lead to bitter feelings for years to come.
Loss of privacy – Since probate is a public process, your estate will go on the public record and become general knowledge. This is one of the main drawbacks to the probate process for many people.
Lack of flexibility for your executor – The executor will lose some ability to make decisions because many matters will be settled by the court according to New York law.
Probate is costly, time-consuming, and complex – Each step during the probate process could take months, adding a significant burden to loved ones who are already mourning.
Loved ones may be left with nothing – Because your inheritance is distributed according to the law and the estate’s expenses must be paid before distribution occurs, friends and distant family members could receive nothing.

Why Do I Need a Probate Lawyer?

Because of the risks associated with probate, it is essential to hire knowledgeable probate attorneys to help you through this process. Your lawyer can help assess the estate’s value, appraise real estate properties, transfer assets to beneficiaries, ensure all debts are paid, and help calculate and file taxes. With the risks involved, it is crucial to have a New York probate lawyer on your side during probate.

Should You Hire Our Probate Attorneys in Long Island?

During this challenging time, you should not feel you have to handle the complicated matter of probate alone. Please reach out to our award-winning estate and probate legal advisors on Long Island for assistance from legal professionals who understand the New York probate process and can offer top-tier legal counsel.

At Davidov Law Group, we want to relieve the heavy burden that has fallen on your shoulders with the death of your loved one. We promise to listen compassionately to your concerns and offer the counsel and representation you deserve throughout the administration of your loved one’s estate. Contact us immediately for all your estate administration needs at (516) 253-1366.