Trust & Estate Lawyer in Westchester County, NY
Law Offices Of SRIS, P.C. provides experienced trust and estate representation in Westchester County, New York. Estate planning and probate matters are governed by New York Estates, Powers and Trusts Law (EPTL) and Surrogate’s Court Procedure Act (SCPA). Our firm, founded in 1997, handles wills, trusts, probate administration, and estate tax planning for clients throughout the Hudson Valley region.
New York Trust & Estate Law
New York trust and estate law involves creating legal documents to manage assets during life and distribute them after death. Key statutes include the Estates, Powers and Trusts Law (EPTL) for wills and trusts, the Surrogate’s Court Procedure Act (SCPA) for probate proceedings, and the Tax Law for estate taxes. Proper planning can help avoid probate, minimize taxes, and ensure your wishes are followed.
Last verified: March 2026 | Westchester County Supreme Court | New York State Legislature
Official New York Trust & Estate Resources
Westchester County Estate Procedures
Wills are probated through the Westchester County Surrogate’s Court. The court appoints an executor or administrator, issues citations to interested parties, and requires inventory and accounting. Trust administration follows EPTL guidelines.
Probate Process in Westchester County
- File the original will and petition for probate with the Surrogate’s Court.
- The court issues citations to all heirs, beneficiaries, and creditors.
- The court appoints an executor (if named in will) or administrator.
- The executor inventories assets, manages accounts, and secures property.
- Pay valid debts and file required tax returns within deadlines.
- Distribute remaining assets to beneficiaries and file final accounting.
New York Estate Tax & Penalties
In Westchester County, estate administration involves statutory executor commissions, potential will contests that can freeze an estate, and New York estate tax with rates from 3.06% to 16% on taxable estates exceeding the exemption.
| Matter | Classification | Timeline | Fees/Commissions | Tax Impact |
|---|---|---|---|---|
| Probate | Surrogate’s Court proceeding | 12-24 months | Filing fee based on estate value | Estate tax if over $7.35M |
| Will Contest | Litigation in Surrogate’s Court | 12-24 months | Court costs + legal fees | Estate frozen during case |
| Estate Tax Return | NY Tax Law § 951 et seq. | Due 9 months after death | Preparer fees | 3.06%-16% on taxable estate |
| Executor Commission | SCPA § 2307 | Paid during administration | Statutory percentage | Taxable income to executor |
Results may vary. Each estate matter has unique factors affecting timeline and outcome.
Our Trust & Estate Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and 4,739+ firm-wide case results across VA, MD, NJ, NY, and DC, our firm brings substantial knowledge to complex estate matters. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep legislative understanding applicable to multi-state estate planning.
Case Results
Law Offices Of SRIS, P.C. has achieved 4,739+ favorable case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington DC. Our attorneys have successfully handled complex estate administrations, will contests, and tax planning matters.
Results may vary. Prior results do not aim for a similar outcome.
Serving Westchester County, NY
Our New York location serves clients at Westchester County courts, accessible via I-87 (NYS Thruway), I-84, I-287, Taconic State Parkway, and Route 9. Trust and estate lawyer near White Plains, Yonkers, and throughout the Hudson Valley region.
We serve: White Plains, Yonkers, New Rochelle, Mount Vernon, Scarsdale, Bronxville, Rye, Ossining, Peekskill, Tarrytown, Mamaroneck, Port Chester, Dobbs Ferry, Larchmont, Hastings-on-Hudson, and surrounding communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only
Frequently Asked Questions
What is the New York estate tax exemption for 2026?
The New York estate tax exemption is $7.35 million for 2026. However, New York has a ‘cliff effect’—if the estate exceeds 105% of the exemption, the entire estate is taxed, not just the excess amount.
How long does probate take in Westchester County Surrogate’s Court?
Probate typically takes 12 to 24 months in Westchester County Surrogate’s Court. The timeline depends on estate complexity, creditor claims, and whether any will contests or disputes arise among beneficiaries.
What is the executor’s commission in New York?
Executor commissions in New York are set by statute under SCPA § 2307. The commission is a percentage of the estate’s value, paid to the executor for their services in administering the estate.
Can I avoid probate in New York?
Yes, using a revocable living trust can avoid probate for assets titled in the trust’s name. Other methods include payable-on-death accounts, joint ownership with rights of survivorship, and beneficiary designations on retirement accounts.
What happens if someone contests a will in New York?
If a will is contested, the Surrogate’s Court will freeze estate distribution pending litigation. Common grounds include lack of testamentary capacity, undue influence, fraud, or improper execution. These cases can take 12-24 months to resolve.
Related Legal Services
Last verified: March 2026. Information current as of March 2026. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.