New York Probate, Trust And Estate Administration Attorneys

Following the death of a close relative, families are often left to sort through a confusing maze of legal questions about the relative’s estate. Our probate and trust and estate administration lawyers provide clarity for these complex legal issues, guiding our clients through the probate and administration process. Our experienced and dedicated attorneys and paralegals assist clients throughout the estate administration process, including estate tax and fiduciary income tax aspects, if necessary. We work closely with estate representatives (executors, administrators, and trustees) to fulfill their responsibilities in an estate administration. Our practice involves counseling and guiding executors, administrators, and trustees in the many decisions to be made in planning and administering an estate or trust. We also assist estate beneficiaries in understanding the legal process and making sure their interests are well-represented.

As a full-service law firm, we are equipped to address any issues that may arise in the course of the administration of an estate or trust, including real estate matters, ongoing management of closely held businesses, or wrongful death actions.

If and when disagreements arise involving wills or the administration of estates and trusts, it is sometimes necessary to pursue a matter through litigation in Surrogate’s Court. Our attorneys are experienced in such litigation, and we vigorously advocate to resolve those cases in our clients’ favor.

Taxation: Fiduciary And Individual Income

As a complement to our trust and estate administration practice, we prepare fiduciary income taxes and decedent’s final individual income taxes.

New York Probate And Estate Administration: What You Should Know

Probate in New York follows specific rules and terminology that can affect how an estate is handled. In many cases, probate is required when a person passes away owning assets solely in their name without a designated beneficiary. However, smaller estates may qualify for a simplified process known as voluntary administration.

Key New York probate considerations include:

• Probate thresholds: Estates with personal property valued at $50,000 or less may qualify for a small estate proceeding, avoiding full probate
• Estate tax limits: New York imposes its own estate tax, which differs from federal thresholds and may apply at lower asset levels
• Typical timelines: Most probate matters take between nine and 18 months, depending on complexity and whether disputes arise
• Court authority documents: Letters Testamentary are issued when there is a valid will, while Letters of Administration apply when no will exists

Understanding these state-specific rules helps families plan effectively and avoid unnecessary delays during estate administration.

When Is Probate Required In New York?

Not every estate must go through probate. Whether probate is necessary depends on how assets are titled and whether beneficiary designations are in place.

Common examples of assets that may avoid probate include:

• Jointly owned property: Assets held with rights of survivorship pass directly to the surviving owner
• Transfer-on-death accounts: Bank or investment accounts with named beneficiaries transfer outside of probate
• Life insurance proceeds: Paid directly to the designated beneficiary
• Trust assets: Property held in a trust is administered according to the trust terms, not the probate court

When assets are properly structured, probate can sometimes be avoided entirely. However, estates with solely owned property or unclear ownership typically require court involvement. Reviewing asset structure early can help determine the appropriate path forward.

Common Probate Disputes And Issues We Handle

Even well-planned estates can encounter complications during administration. Our attorneys regularly assist clients with a wide range of probate-related issues, including:

• Will contests: Challenges to the validity of a will based on capacity, undue influence or execution concerns
• Disputed executor appointments: Conflicts over who should manage the estate or concerns about an executor’s actions
• Creditor claims: Resolving debts and disputes involving creditors seeking payment from the estate
• Real estate matters: Addressing property transfers, title issues or disputes involving estate-owned real estate

Our team works closely with clients to resolve disputes efficiently while protecting their legal and financial interests.

Contact Coughlin & Gerhart LLP

To arrange a confidential consultation with one of our firm’s trust and estate administration or probate attorneys, call our main office in Binghamton at (607) 821-2202, toll free 800-646-3420, or send an email.