A practical guide to probate and estate administration in New York Surrogate's Courts. Michel Law represents executors, administrators, and beneficiaries from initial petition through final distribution — probate of wills, administration of intestate estates, kinship proceedings, SCPA 1404 examinations, will contests, elective share litigation, and accountings. The process is governed by the SCPA and the EPTL and is procedurally exacting; mistakes at any stage expose fiduciaries personally. These insights address how long probate takes, how to avoid it where appropriate, when a 1404 examination is used, the grounds for contesting a will, and the structural choices that determine whether an estate closes efficiently or stalls for years.
SCPA § 1404 lets a party examine attesting witnesses, the will's drafter, and the proponents. The time limits, preparation, privilege, and the objection decision.
EPTL § 5-1.1-A gives a NY surviving spouse the greater of $50K or one-third of the net estate, sweeping in testamentary substitutes. The six-month deadline, the mechanics, and the election decision.
SCPA § 719 lets the Surrogate's Court revoke a fiduciary's letters summarily on specified grounds. The enumerated grounds, the pleading posture, and the compulsory-accounting record that drives the removal petition.
SCPA § 2205 is how a New York beneficiary forces an executor or administrator to account. Standing, pleading, and judicial-accounting mechanics, with objection practice under SCPA § 2211.
SCPA § 2103 is the Surrogate's Court mechanism to compel disclosure and recovery of estate assets held by third parties. A New York estate practitioner's guide to the proceeding.
How to avoid probate in New York — and when you actually want to. A New York attorney explains the tools that bypass Surrogate's Court and the planning that ties them together.
What happens when someone dies in New York? A New York attorney explains the probate process step by step — timelines, costs, and the issues that complicate high-net-worth estates.
How long does probate take in New York? An attorney walks through realistic timelines for simple, complex, and contested estates — and what causes the delays.
Contesting a Will in New York is harder than most people think. A New York attorney explains the recognized grounds, the procedural realities, and when a contest actually makes sense.