When a Westchester resident passes away, their estate does not settle itself. Someone must appear before the Westchester County Surrogate’s Court, present the will, give notice to family members, and obtain the legal authority to act. That process — New York probate — is governed by the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers & Trusts Law (EPTL). It moves on the court’s schedule, not yours, and a procedural misstep can add months of delay.
At Full Probate Law, powered by Morgan Legal Group, attorney Russel Morgan, Esq. provides end-to-end representation in Westchester probate proceedings — from filing the opening petition through the final distribution of assets. Our name reflects our commitment: we handle the full proceeding, not just the easy parts.
Why Westchester Families Choose Full Representation
Westchester County has one of New York’s most active Surrogate’s Courts. Estates here often include co-ops, condominiums, suburban real property, brokerage accounts, and — given the county’s 2026 median home values — assets that can push an estate toward or beyond New York’s estate-tax exclusion of $7,350,000 (with the “cliff” at $7,717,500 where the full estate, not merely the excess, becomes taxable). Partial guidance is not enough. You need counsel who understands the Westchester docket, the local practice expectations of the Surrogate’s Court, and the statewide statutes that govern every step.
How NY Probate Works at the Westchester County Surrogate’s Court
| Step | What Happens | Key Authority |
|---|---|---|
| 1. File the Petition | Petition for Probate + original will + certified death certificate submitted to Surrogate’s Court | SCPA §1402 |
| 2. Jurisdiction over Distributees | Each distributee (heir) either signs a waiver/consent or receives a formal Citation issued by the court | SCPA §307 |
| 3. Return Date | Court reviews the petition; absent valid objection, the will is admitted to probate | SCPA §1408 |
| 4. Letters Testamentary Issue | Executor receives Letters under SCPA §1414 — the document that grants legal authority to act on behalf of the estate | SCPA §1414 |
| 5. Administer & Distribute | Executor marshals assets, pays debts and taxes, then distributes the estate per the will | EPTL Art. 11 |
If the estate requires urgent action before probate concludes — selling property, collecting income, paying ongoing bills — Preliminary Letters Testamentary (SCPA §1412) provide interim authority while the proceeding remains open.
Timeline: Uncontested proceedings typically resolve in 3–6 months. Attorney fees commonly range from $3,000 to $10,000 depending on estate complexity. Court filing fees are graduated by estate value under SCPA §2402; confirm the current schedule with the court or your counsel.
Simpler Path for Smaller Estates
Not every Westchester estate requires full probate. When the gross estate falls beneath the statutory threshold, SCPA Article 13 voluntary administration allows a successor to collect assets using an affidavit — without a full court proceeding. Note that real property is generally excluded from this shortcut; if the decedent owned Westchester real estate, full probate is almost always required.
Our Westchester Probate Services
- Probate Overview — What to Expect
- Navigating the Surrogate’s Court
- Executor Duties & Responsibilities
- Small Estate Affidavit (SCPA Art. 13)
- Contested Probate Defense
Schedule a Consultation
Westchester probate questions deserve direct answers — not general information recycled from other counties. Attorney Russel Morgan, Esq. offers focused consultations to assess your estate, explain the Surrogate’s Court timeline, and outline costs before you commit to anything.
Book a 30-Minute Consultation →
Further reading from Morgan Legal Group: when you should bring in a probate attorney.