Trust & Estate Lawyer in Putnam County, NY
Law Offices Of SRIS, P.C. provides experienced trust and estate representation in Putnam County, handling wills, trusts, probate, and estate administration under New York Estates, Powers and Trusts Law (EPTL). Our firm, founded in 1997, has over 120 years of combined attorney experience. We serve Carmel, Brewster, Mahopac, and surrounding communities. Call (888) 437-7747 for a consultation by appointment.
In Putnam County, estate matters are handled through the Surrogate’s Court, with probate typically taking 12-24 months. New York’s estate tax exemption is $6.94 million for 2026, but estates exceeding 105% of this face taxation on the entire value, not just the excess.
New York Trust & Estate Law
New York trust and estate law is primarily governed by the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). These statutes outline the legal framework for creating wills and trusts, appointing executors and administrators, and conducting probate proceedings. The New York estate tax, under Tax Law § 951 et seq., applies a graduated rate of 3.06% to 16% on taxable estates exceeding the exemption amount.
Last verified: March 2026 | Putnam County Supreme Court | New York State Legislature EPTL
Official New York Legal Resources
Estate Administration in Putnam County
Wills are probated through the Putnam 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 EPTL guidelines.
Steps for Probate in Putnam County
- File the original will and a petition for probate with the Putnam County Surrogate’s Court.
- The court issues letters testamentary (with a will) or letters of administration (without a will).
- Publish a notice to creditors and serve citations on all heirs and beneficiaries.
- Prepare a complete inventory of all estate assets and pay valid debts and expenses.
- File required estate tax returns (federal and NY) if the estate exceeds exemption limits.
- Distribute remaining assets to beneficiaries and file a final accounting to close the estate.
Trust & Estate Consequences in New York
In Putnam County, failure to properly administer an estate or breaches of fiduciary duty can lead to surcharges, removal, and estate freezing during litigation.
| Issue | Classification | Primary Consequence | Financial Impact | Timeline Impact |
|---|---|---|---|---|
| Will Contest | Surrogate’s Court Proceeding | Estate distribution frozen | Legal fees; potential loss of inheritance | Adds 12-24 months |
| Breach of Fiduciary Duty | SCPA § 711 proceeding | Executor/Trustee removal | Surcharge (personal liability for losses) | Varies |
| Missed Estate Tax Filing | NY Tax Law violation | Penalties & Interest | Tax + penalties up to 25% of tax due | Collection proceedings |
| Intestacy (No Will) | EPTL § 4-1.1 | Statutory distribution | Assets may not go to intended beneficiaries | Standard probate timeline |
Results may vary. Each estate matter depends on specific facts and circumstances.
Our Trust & Estate Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to complex trust and estate matters. We have documented results in estate planning, probate administration, and fiduciary litigation. Our approach is case-specific, focusing on the unique details of each client’s family and financial situation.
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 valued under this amount generally owe no NY estate tax. 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 Putnam County Surrogate’s Court?
Probate in Putnam County typically takes 12 to 24 months. The timeline depends on estate complexity, creditor claims, and whether any disputes arise. For small estates under $50,000, an expedited small estate affidavit process is available.
What happens if someone contests a will in New York?
A will contest freezes estate distribution. The Surrogate’s Court will hold proceedings to determine the will’s validity. Grounds include lack of capacity, undue influence, fraud, or improper execution. These cases can take 12-24 months to resolve.
What are the executor’s commission rates in New York?
Executor commissions in New York are set by statute (SCPA § 2307). The rate is: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million, and 2% on amounts over $5 million.
When is the New York estate tax return due?
The New York estate tax return (Form ET-706) is due 9 months after the date of death. Extensions may be requested. Payment of any tax due is also required at this time to avoid penalties and interest.
Trust & Estate Lawyer Near Putnam County
Our New York location serves clients at Putnam County courts. We represent individuals and families in Carmel, Brewster, Cold Spring, Mahopac, Putnam Valley, Kent, and Patterson.
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
Related Legal Services
Last verified: March 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.