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Trust & Estate Lawyer in Richmond County (Staten Island), NY
New York Trust & Estate Law
New York trust and estate matters are primarily controlled by the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). The New York estate tax, under Tax Law § 951 et seq., applies a graduated rate from 3.06% to 16% on taxable estates exceeding the exemption amount. Unlike federal law, New York does not allow portability of the exemption between spouses, making planning essential.
Last verified: March 2026 | Richmond County Supreme Court | New York State Legislature
Official New York Legal Resources
Estate Procedures in Richmond County Surrogate’s Court
Wills are probated through the Richmond County Surrogate’s Court. The court appoints an executor or administrator, issues citations to interested parties, and requires an inventory and accounting. Trust administration follows the terms of the trust instrument and EPTL provisions.
- File the original will and a petition for probate with the Surrogate’s Court.
- The court issues citations to all heirs and beneficiaries.
- The court appoints the executor (named in will) or administrator (if no will).
- The fiduciary inventories assets, pays debts, and files tax returns.
- File a final accounting with the court for approval.
- Distribute assets to beneficiaries and close the estate.
New York Estate Tax & Fiduciary Responsibilities
In Richmond County (Staten Island), New York estate tax rates range from 3.06% to 16% on taxable estates over $6.94 million, with a “cliff” that taxes the entire estate if it exceeds 105% of the exemption.
| Matter | Governing Law | Key Consideration | Potential Consequence |
|---|---|---|---|
| Estate Tax | NY Tax Law § 951 et seq. | Exemption: $6.94M (2026); No portability | Tax on entire estate if over 105% of exemption |
| Executor Commission | SCPA § 2307 | Statutory percentage of estate value | Court approval required; subject to surcharge for breach |
| Will Contest | EPTL | Grounds: capacity, undue influence, fraud | Estate frozen during litigation (12-24 months) |
| Fiduciary Duty | EPTL Article 11 | Duty of loyalty, care, and impartiality | Removal, surcharge, personal liability |
Results may vary. Each estate’s tax liability and administration timeline depend on specific facts.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to trust and estate matters in New York. Our approach focuses on precise planning and diligent administration to handle New York’s unique estate tax laws and Surrogate’s Court procedures.
Case Results
Law Offices Of SRIS, P.C. has achieved 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with a favorable outcome rate of 93%+.
Results may vary. Prior results do not aim for a similar outcome.
Trust & Estate Lawyer Near Richmond County (Staten Island)
Our New York location serves clients at Richmond County (Staten Island) courts. We represent individuals and families throughout Staten Island, including St. George, New Dorp, Tottenville, Great Kills, Stapleton, and Port Richmond.
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.
Phone: (888) 437-7747 | Local: (703) 636-5417
Frequently Asked Questions
What is the New York estate tax exemption amount?
The New York estate tax exemption is $6.94 million for 2026. Estates exceeding 105% of this amount are taxed on the entire value, not just the excess, due to the ‘cliff’ effect (NY Tax Law § 951 et seq.).
How long does probate take in Richmond County Surrogate’s Court?
Probate typically takes 12 to 24 months in Richmond County Surrogate’s Court. A small estate affidavit can expedite the process for estates valued under $50,000.
What happens if someone contests a will in New York?
A will contest freezes the estate’s assets during litigation, which can last 12-24 months. Grounds include lack of capacity, undue influence, or improper execution under NY Estates, Powers and Trusts Law (EPTL).
What are the executor’s fees in New York?
Executor commissions in New York are set by statute (SCPA § 2307). The fee is a percentage of the estate’s value, calculated on a sliding scale, and must be approved by the Surrogate’s Court.
When is the New York estate tax return due?
The New York estate tax return (Form ET-706) is due nine months after the date of death. Extensions may be available, but interest accrues on any unpaid tax from the original due date.
Related Legal Resources
- New York Trust & Estate Lawyer – State hub page.
- Albany County Trust & Estate Lawyer – Serving a sibling locality.
- Business Lawyer in Richmond County (Staten Island) – Related practice area in the same locality.
- Mr. Sris Attorney Profile
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.