Trust & Estate Lawyer in New York County (Manhattan), NY
New York Trust & Estate Law
New York trust and estate matters are governed by the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). These statutes establish the legal framework for wills, trusts, probate, estate administration, and fiduciary duties in Manhattan.
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 trust and estate cases throughout New York County.
Last verified: March 2026 | New York County Supreme Court | New York State Legislature
Official New York Trust & Estate Resources
For the complete text of New York estate laws, consult the official state statutes: NY Estates, Powers and Trusts Law (EPTL) (official New York State Legislature). For court procedures and forms, visit: New York County Supreme Court website.
Manhattan Surrogate’s Court Procedures
Wills are probated through the New York County Surrogate’s Court. The court appoints executors or administrators, issues citations to interested parties, and requires inventory and accounting filings.
- File the will and petition: File the original will and a petition for probate with the New York County Surrogate’s Court. Pay filing fees based on estate value.
- Obtain executor appointment: The court will issue letters testamentary appointing the executor, who must post bond unless waived in the will.
- Notify interested parties: Serve citations on all heirs, beneficiaries, and creditors as required by New York Surrogate’s Court Procedure Act.
- Inventory estate assets: Prepare and file an inventory of all estate assets within 9 months. This forms the basis for estate tax calculations.
- File tax returns: File federal (Form 706) and New York (Form ET-706) estate tax returns within 9 months of death if the estate exceeds exemption limits.
- Distribute assets: After paying debts, taxes, and expenses, distribute remaining assets to beneficiaries according to the will or intestacy laws.
New York Estate Tax and Penalties
In New York County (Manhattan), estate matters involve specific tax implications and potential penalties for fiduciary breaches under NY Tax Law § 951 et seq. and SCPA provisions.
| Issue | Classification | Financial Impact | Additional Consequences |
|---|---|---|---|
| Estate Tax | Taxable estate over $7.35M | 3.06% to 16% graduated rates | “Cliff effect” – entire estate taxed if over 105% of exemption |
| Late Filing Penalty | SCPA violation | Interest accrues from due date | Executor personal liability possible |
| Breach of Fiduciary Duty | SCPA § 2307 violation | Surcharge, removal, denial of commissions | Will contest litigation, estate frozen |
| Will Contest | EPTL challenge | Estate administration halted | 12-24 month litigation timeline |
Results may vary. Estate outcomes depend on specific facts, asset values, and court determinations.
Trust & Estate Experience in Manhattan
Law Offices Of SRIS, P.C. brings substantial experience to New York County trust and estate matters. Founded in 1997, our firm combines over 120 years of legal experience. We approach each case with attention to New York’s unique estate tax structure and Surrogate’s Court procedures.
Case Results
Law Offices Of SRIS, P.C. has achieved 4,739+ favorable case results firm-wide across VA, MD, NJ, NY, and DC. Our experience includes estate planning, will preparation, trust administration, and Surrogate’s Court proceedings.
Results may vary. Prior results do not aim for a similar outcome in your case.
Trust & Estate Lawyer Near Manhattan
Our New York location serves clients at New York County (Manhattan) courts, accessible via FDR Drive, West Side Highway, and all subway lines. We represent clients throughout Manhattan neighborhoods including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.
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’ where estates exceeding 105% of the exemption are taxed on the entire estate value, not just the excess amount.
How long does probate take in New York County Surrogate’s Court?
Probate typically takes 12-24 months in New York County Surrogate’s Court. For small estates under $50,000, an expedited small estate affidavit process is available, which can be significantly faster.
What happens if someone contests a will in Manhattan?
When a will is contested in Manhattan Surrogate’s Court, the estate is typically frozen during litigation. The court will issue citations to all interested parties and require formal proceedings that can last 12-24 months.
What are the executor commission rates in New York?
Executor commissions in New York are statutory under SCPA § 2307. The rates are: 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 available, but interest accrues on any unpaid tax from the original due date.
Related Legal Services
For other legal needs in Manhattan, consider: New York Estate Lawyer (state hub), Albany County Estate Lawyer (sibling locality), Business Lawyer in New York County (Manhattan) (related practice area). View attorney profile: Mr. Sris.
Last verified: March 2026. Information current as of February 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.