Probate & Estate Administration Attorney in Long Island
The bottom line when it comes to probate and estate administration is to keep those you love from having to deal with unresolved estate issues while they are in the midst of grieving. The process by which an estate is reconciled, then distributed, is known as probate if there is a will, and estate administration if a person dies without a will. New York, like all states, has its own set of rules related to probate and estate administration. After the requirements are properly followed, your beneficiary can receive the assets you left for them.
New York probate and estate administration has the potential to be both lengthy and complicated. Prudent estate planning, however, can ensure the process occurs as quickly and painlessly as possible—you will both ensure your wishes are properly fulfilled and that your loved ones are not embroiled in problems when they are mourning your loss. An experienced New York probate lawyer can help you understand the probate process while comprehensively answering all your questions. Esther Schwartz Zelmanovitz, PLLC can assist you in designing an estate plan that will most closely fulfill all your wishes.
What Happens If Someone Dies Without an Estate Plan in Place?
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Get reliable support from an estate administration lawyer in Long Island. Contact us online or call (516) 347-7356 for a free 15-minute phone consultation.
Esther S. Zelmanovitz
Managing Attorney
Esther Zelmanovitz is the founder of Esther Schwartz Zelmanovitz, PLLC and has spent more than two decades guiding Long Island and New York City families through elder law, estate planning, and probate matters. She holds the Martindale-Hubbell AV Preeminent rating, the highest peer rating for legal ability and ethics, and has been selected to the Super Lawyers New York Metro Top 5% list for five consecutive years. Her guidance on Medicaid planning has been published in the New York State Bar Association Journal.
- Admitted: NY State Bar, U.S. District Court EDNY and SDNY
- J.D., Fordham University School of Law, 2001
- Martindale-Hubbell AV Preeminent
- Super Lawyers, NY Metro Top 5% (2021-2025)
- Member, National Academy of Elder Law Attorneys
Esther P. Levinson
Counsel
Esther P. Levinson brings more than three decades of elder law and estate planning experience to Esther Schwartz Zelmanovitz, PLLC clients, with a practice centered on asset protection, estate administration, Medicaid eligibility, and guardianship. She began her career at Legal Services for the Elderly, representing seniors on housing and government benefits matters, before moving into private practice. She has also completed specialized mediation training focused on elder care disputes, giving clients an added path to resolving family conflicts outside of court.
- Admitted: New York State Bar
- J.D., St. John's University School of Law, 1993
- Member, Nassau County Bar Association
- Member, NYSBA Elder Law and Trusts and Estates Law Sections
How Does Probate Begin in New York?
Following a death, if you have a will, the nominated executor generally initiates the legal process to address the decedent’s affairs and distribute probate assets according to its provisions. The executor files a petition in the Surrogate’s Court for the county where the decedent maintained a primary residence. The filing generally includes the original will, a certified death certificate, information about distributees, and supporting documents required by the court.
The court reviews whether the will was properly executed and whether interested parties have received the required notice. A citation may be necessary when a distributee doesn’t sign a waiver and consent or when another party must be brought under the court’s jurisdiction. If the court admits the will to probate and appoints the executor, it can issue Letters Testamentary establishing the executor’s authority.
If there is no will, an eligible person may petition for appointment as administrator under New York intestacy law. The court may require additional documents or a bond depending on the proposed administrator and the estate’s circumstances. An appointed administrator receives Letters of Administration rather than Letters Testamentary.
Some estates may qualify for voluntary administration instead of a full probate or administration proceeding. Eligibility depends on the value and type of property involved, not solely on whether the decedent left a will.
New York Probate & Estate Administration Steps
The work generally proceeds through these stages:
- Identify the proceeding: Determine whether the estate requires probate, administration, or voluntary administration based on the will, property, and other facts.
- Prepare the court filing: Submit the petition, death certificate, original will when applicable, distributee information, and required supporting documents.
- Address interested parties: Obtain required waivers and consents or arrange for citations and other notices.
- Obtain fiduciary authority: Receive Letters Testamentary, Letters of Administration, or voluntary-administration authority from the court.
- Collect estate assets: Work with financial institutions and other parties to identify, value, safeguard, and consolidate property.
- Review debts and taxes: Address valid creditor claims, administration expenses, and applicable tax filings using estate funds.
- Resolve outstanding issues: Respond to questions involving will validity, beneficiary rights, creditor claims, fiduciary conduct, or proposed distributions.
- Distribute remaining property: Transfer assets under the will or New York intestacy law and complete the required estate records.
Surrogate’s Court Proceedings on Long Island
The proper court and filing procedure depend on the decedent’s domicile, estate assets, and required proceeding. According to the Nassau County Surrogate’s Court, estates connected to Nassau County are generally filed there, and the court requires mandatory electronic filing for probate, administration, voluntary administration, and miscellaneous proceedings, subject to its stated exceptions.
Suffolk County Surrogate’s Court maintains separate probate and administration resources and protocols. County procedures can affect document submission, filing logistics, calendaring, and communication with court personnel. Our Long Island probate attorneys can help organize the information the applicable court requires and explain the executor’s or administrator’s responsibilities at each stage.
Our Values, Your Peace of Mind The Principles That Define Our Firm
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Compassionate, Relationship-Driven Service
We believe every client deserves to be treated with dignity, patience, and genuine care. Our firm fosters long-term relationships, guiding families with warmth and empathy through emotionally sensitive matters like elder care, estate planning, and loss.
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Clear, Respectful Communication
We prioritize honest, prompt, and respectful communication. Whether answering questions or guiding you through complex decisions, we're responsive, dependable, and committed to making the process as smooth and stress-free as possible.
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Serving with Integrity and Excellence
We hold ourselves to the highest standards of ethical practice and professional excellence. Clients can count on us not just for our legal knowledge, skill and experience, but for honesty, transparency, and unwavering advocacy on their behalf.
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Tailored Legal Guidance for Every Client
No two clients are the same. We take the time to truly understand each client’s concerns, goals, and values, crafting customized legal solutions that reflect what matters most to them.
What Happens When a Will Is Improperly Prepared?
When a will isn’t properly prepared or executed, it can create additional questions and legal costs during probate. The court may need evidence concerning the document’s signatures, witnesses, physical condition, and compliance with New York execution requirements. In some matters, those issues can prevent the will from being admitted to probate.
As an example, a will may be questioned if it wasn’t properly signed by the decedent or had only one witness instead of the required two witnesses. Interested parties may also raise objections involving testamentary capacity, undue influence, fraud, or execution formalities. The outcome depends on the document, available evidence, objections, and the court’s findings.
Working with our experienced New York estate planning attorney can reduce uncertainty about how documents should be prepared and executed. However, a valid will doesn’t by itself transfer every asset. Account ownership, joint-title provisions, beneficiary designations, and trust ownership can determine whether property passes through probate or outside the estate proceeding.
Frequently Asked Questions
How Much Does Probate Cost in Nassau County?
Probate costs may include court filing fees, legal fees, fiduciary commissions, appraisal expenses, bond premiums when required, and other administration costs. The total depends on the estate’s value, assets, disputes, tax matters, and required court work. Our Long Island estate administration attorneys can review the available information and explain which expenses may apply.
When Should I Contact a Probate Lawyer in Long Island?
You can contact a lawyer at our firm after a loved one dies, when you’re nominated as executor, or when questions arise about a will, estate property, or family rights. Early guidance can help identify the correct proceeding, required documents, and immediate fiduciary responsibilities. Counsel may also be useful when distributees can’t be located, someone objects, or assets require court authority.
Who Can Serve as an Executor or Administrator in Long Island?
An executor is generally nominated in a will, while an administrator is appointed according to New York law when an estate proceeds without a will. Eligibility depends on legal capacity, statutory restrictions, residency, priority, and the estate’s circumstances. The court may also consider whether a bond or other conditions apply before issuing authority.
Can Out-of-State Executors Handle Probate in Long Island?
An out-of-state executor may be eligible to serve, but New York rules and the estate’s facts can create additional requirements. The court may consider residency, the proposed fiduciary’s eligibility, and whether a bond or other arrangement is necessary. We can prepare filings, explain county procedures, and help coordinate estate work that must occur in New York.
Probate & Estate Administration Support for Long Island Families
If you’re a named executor or need assistance administering a loved one’s estate, we can help identify the appropriate Surrogate’s Court proceeding and explain the responsibilities involved. A New York probate attorney from our firm can provide direction when the estate involves unfamiliar paperwork, financial institutions, interested family members, creditor claims, or distribution questions.
When questions arise about how the Surrogate’s Courts in Nassau County, Suffolk County, or Queens may handle a particular filing, we explain the applicable process so you can make informed decisions. We can help organize information for the court, clarify executor or administrator duties, coordinate with financial institutions, and address questions about collecting and distributing estate assets.
Our legal experience dates to 2000, and we serve families throughout Long Island from Great Neck. We approach probate and estate administration with personal attention, responsive communication, and practical explanations. Home visits and evening appointments may be available based on the client’s circumstances and scheduling needs.
Discuss the Estate & Your Next Steps
We can review whether the matter may involve probate, administration, or voluntary administration and discuss the information needed to begin. The scope of assistance depends on the will, assets, family relationships, disputes, and applicable Surrogate’s Court requirements.
Contact Esther Schwartz Zelmanovitz, PLLC, to request a complimentary 15-minute initial phone consultation. Call (516) 347-7356 or contact us online to discuss probate, estate administration, fiduciary duties, or related estate planning questions.