If you are settling the estate of a loved one who lived in Yonkers, White Plains, New Rochelle, Mount Vernon, or anywhere else in the county, the cost of probate breaks down into two main parts: the court filing fee, which is graduated based on the size of the estate under SCPA §2402, and attorney’s fees, which typically run between
If you are settling a loved one’s estate in Westchester County, the choice between a small estate affidavit and full probate comes down to one threshold: a small estate affidavit (formally called voluntary administration under SCPA Article 13) is available when the decedent’s personal property is modest and there is generally no real property passing through the estate, while full
Preliminary letters testamentary are an interim grant of authority that the Westchester County Surrogate’s Court issues to a nominated executor under SCPA §1412, allowing that person to begin managing a decedent’s estate before the will is formally admitted to probate. In plain terms: when a Westchester estate cannot wait the three-to-six months a full probate often takes — because a
For most families, an uncontested probate in Westchester County takes roughly three to six months from the date the petition is filed with the Westchester County Surrogate’s Court until the executor receives Letters Testamentary and can begin administering the estate. That range assumes the original will is available, the death certificate is in hand, and the deceased’s distributees (the heirs
When someone dies without a will in Westchester, New York’s intestacy statute decides who inherits the estate — not the family, and not the decedent’s unwritten wishes. The estate passes to the closest living relatives in a fixed order set by the Estates, Powers and Trusts Law (EPTL §4-1.1), and instead of an executor named in a will, the Westchester
No, New York law does not technically require an executor to hire a lawyer to probate a will in Westchester. But in practice, almost every executor in Westchester County retains counsel — and for good reason. Probate runs through the Westchester County Surrogate’s Court under the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL), a