What You Can Expect from Estel Law

✔ One meeting. We handle the rest.

✔ Your matter is handled personally by an experienced probate lawyer

✔ Clear advice on your legal duties and responsibilities as executor or administrator

✔ Careful guidance on identifying, verifying, and valuing estate assets and liabilities

✔ Proper guidance on distributing the assets in accordance with the law

✔ Fixed, transparent fees confirmed upfront before work begins

“When I spoke with the attorney [at Estel Law], he provided a clear and comprehensive breakdown of what he understood my goals to be, while also offering additional recommendations and strategies I hadn’t considered.”

— A Former Client’s Rating + Review

What is Probate?

Under New York Law, Probate is the process that gives someone authority to manage and distribute a deceased person’s estate. In New York, the counties’ Surrogate’s Court grants such authority through a Decree of Letters Testamentary or Letters of Administration. In either case, the person receiving such authority will be able to access assets and funds of the deceased.

If the deceased left a valid Last Will and Testament, the Surrogate’s Court will issues a Decree of Letters Testamentary to the person named in the will as the Executor. However, if there is no will, or a will was determined to be invalid, the court will issue decree of Letters of Administration to the rightful family member as determined under New York State’s inheritance laws.

Without Letters, insurance companies, banks, government entities or other institutions will not release or transfer assets of the deceased. Probate therefore is the mechanism to allow a deceased person’s estate to be settled. Understanding the rights and duties of the person tasked with administering the estate is essential to ensure the process functions smoothly and efficiently.

Letters Testamentary vs Letters of Administration

When a deceased person leaves a valid will, the deceased person will name a person to function as the executor. To such executor the Surrogate’s Court will grant authority to settle the estate in Letters Testamentary.

Letters of Administration occur when there is no valid will. The court appoints an Administrator to manage and distribute the estate assets according to the New York Estates, Powers and Trusts Law’s provisions for intestate succession. This Administrator is, usually, the spouse or close family member of the deceased.

Both Letters serve the same legal purpose. They give the person in charge of the estate the power to collect assets, close accounts, sell or transfer property, and distribute the estate to beneficiaries.

The Probate Process in New York

Most probate applications follow a structured legal process through the Surrogate’s Court. However, the exact documentation and legal requirements depend on the circumstances of each estate and the parties involved.

In general, the process includes:

• Determining whether the deceased left a valid Will and advising whether the appropriate application is for Letters Testamentary or Letters of Administration.

• Identifying the legally entitled Executor or Administrator and confirming who the beneficiaries are under the Will or under the NY EPTL’s provisions of intestate succession.

• Preparing a comprehensive Schedule of Assets setting out all known properties, bank accounts, investments and other estate assets.

• In cases involving minors, multiple beneficiaries, missing or informal Wills, overseas assets, or complex ownership structures, additional legal documentation and safeguards may be required.

• Drafting and filing the Petition for Letters Testamentary or Letters of Administration, including other documentation such as Supporting Affidavits, and related court documents.

• Responding to Court requisitions, clarifications, amendments or supplementary affidavit requirements.

• Upon the Court being satisfied, a Decree for Letters Testamentary or for Letters of Administration is issued.