"Do all estates go through probate in New York?"

"No. Assets held in trusts, accounts with named beneficiaries (IRAs, life insurance), joint accounts, or transfer-on-death accounts pass outside of probate. Only assets titled in the decedent's individual name and not covered by beneficiary designations go through probate."

"What is the cost of probate in Westchester County?"

"Probate costs include court filing fees (typically $25 to $350 depending on estate size), executor commissions (5% on first $100,000, scaled lower for larger amounts), and attorney fees (often $2,500 to $10,000 for straightforward estates). A revocable trust avoids these probate-specific costs."

"Can I avoid probate in New York?"

"Yes. Use a revocable living trust for assets you want to avoid probate. Transfer property to the trust during life, and it passes to beneficiaries without court involvement. Alternative methods include joint ownership, beneficiary designations, and payable-on-death accounts."

"What happens if I die without a will in New York?"

"Your estate passes under New York's intestacy laws to your closest relatives in a fixed order: spouse, children, parents, siblings. If no relatives exist, the estate passes to the state. A probate proceeding still occurs, and your family members must petition the court to serve as administrator."

"Do I need an attorney for probate in Westchester County?"

"For simple estates with no disputes, you may file a small estate petition without an attorney. For standard probate or larger estates, an attorney is highly advisable to navigate court procedures, prepare required filings, and ensure compliance with New York law."

Probate in Westchester County: A Step-by-Step Guide

Q: "How long does probate take in Westchester County?"

"An uncontested estate with straightforward assets typically takes 6 to 12 months from filing to closing. Larger, more complex estates or those involving contested proceedings or real property sales may take significantly longer, sometimes 18 to 24 months or more."

Probate is the legal process by which a deceased person’s will is validated and an estate is administered under court supervision. In New York, probate proceedings take place in the Surrogate’s Court of the county where the decedent was domiciled at the time of death. For Westchester County residents, that means the Westchester County Surrogate’s Court in White Plains.

This guide walks through the probate process from beginning to end.

What Is Probate?

Probate serves two core functions: it establishes the legal validity of the decedent’s will, and it provides a supervised framework for gathering assets, paying debts, and distributing property to beneficiaries. Not all assets pass through probate. Assets held jointly, accounts with named beneficiaries (such as IRAs and life insurance), and assets held in trusts generally pass outside of probate.

Step 1: File the Petition for Probate

The executor named in the will (or a distributee, if there is no will) files a Petition for Probate with the Westchester County Surrogate’s Court. Required filings include:

The original will (do not unstaple it)
Death certificate
Probate petition (SCPA Article 14)
Filing fee (based on estate value)

The original will must be filed in hard copy even in e-filed proceedings. Westchester Surrogate’s Court requires e-filing via NYSCEF for probate proceedings since May 3, 2017.

Step 2: Issuance of Citation

The court issues a citation (a formal notice) to all distributees (heirs at law) and any persons interested in the estate. This gives those parties the opportunity to appear and object to probate if they have grounds to do so.

Step 3: Issuance of Letters Testamentary

If the will is admitted to probate and no contest is filed, the Surrogate issues Letters Testamentary to the executor. Letters Testamentary are the legal instrument that grants the executor authority to act on behalf of the estate by collecting assets, opening estate bank accounts, paying debts, and ultimately distributing property.

Step 4: Inventory and Appraisal of Assets

The executor must identify and take control of all estate assets, which may include real property, bank accounts, investment accounts, personal property, and business interests. Real property may require appraisal for estate tax purposes.

Step 5: Pay Debts, Taxes, and Expenses

Before distributing to beneficiaries, the executor must pay:

Funeral and burial expenses
Valid creditor claims (SCPA Article 18)
New York estate tax (if applicable)
Federal estate tax (if applicable)
Executor commissions and attorney fees (see Executor Duties for details)

Step 6: File an Accounting and Distribute

The executor prepares a formal account of all receipts and disbursements. After the accounting is approved (either by consent of all beneficiaries or by court order), the executor distributes the remaining assets to the beneficiaries named in the will.

How Long Does Probate Take in Westchester County?

An uncontested estate with a straightforward asset structure typically takes six to twelve months from filing to closing. Larger or more complex estates, or those involving contested proceedings or real property sales, may take significantly longer.

Surrogate’s Court Contact Information

Westchester County Surrogate’s Court
Richard J. Daronco Courthouse, 19th Floor
111 Dr. Martin Luther King Jr. Boulevard
White Plains, NY 10601
Phone: (914) 824-5656
Surrogate: Hon. Brandon R. Sall
Calendar: Wednesdays at 9:30 AM

Speak with a Westchester Estate Planning Attorney

If you have questions about estate planning, probate, or Surrogate's Court matters in Westchester County, we can help you understand your options.

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