When a loved one dies with assets in Westchester County, the matter falls under the jurisdiction of the Westchester County Surrogate’s Court. Getting a formal appointment with an experienced probate attorney early — before you file a single form — is the single step most executors wish they had taken sooner.
What Happens After You Book
At your consultation with Russel Morgan, Esq., we map your estate against the full New York probate process and identify the right path forward:
| Stage | Authority | Key Statute |
|---|---|---|
| File Petition for Probate + will + certified death certificate | Initiates jurisdiction | SCPA §1401 |
| Serve distributees (waiver/consent or citation) | Court confirms notice | SCPA §1403 |
| Return date — decree absent objection | Court validates will | SCPA §1414 |
| Letters Testamentary issue | Executor’s legal authority | SCPA §1414 |
| Collect assets, pay debts/taxes, distribute | Estate administration | EPTL Art. 11 |
Need to act before probate closes? We can petition for Preliminary Letters Testamentary (SCPA §1412) to give you interim authority immediately.
For smaller estates, voluntary administration under SCPA Article 13 may eliminate the full probate process entirely — real property is generally excluded.
If the 2026 NY estate tax exclusion of $7,350,000 (cliff: $7,717,500) is relevant to your estate, we’ll address planning at the same appointment.
Court filing fees are graduated by estate value under SCPA §2402 — confirm current amounts with counsel.
Learn more about the executor’s role or review our Surrogate’s Court guide before your call.
Book a 30-Minute Consultation →
Further reading from Morgan Legal Group: what to ask a probate lawyer before hiring.