Trust & Estate Lawyer in Putnam County, NY
In Putnam County, estate matters are governed by New York statutes including the EPTL and the Surrogate’s Court Procedure Act (SCPA).
New York Trust and Estate Law
New York’s trust and estate framework is defined by the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). These statutes govern the creation of wills and trusts, the appointment of executors and trustees, the probate process, and the administration of estates. A key feature is the New York estate tax, which applies a 3.06% to 16% rate on taxable estates exceeding the exemption amount, as outlined in NY Tax Law § 951 et seq.
Last verified: March 2026 | Putnam County Supreme Court | New York State Legislature EPTL
Official New York Legal Resources
Handling an Estate in Putnam County Surrogate’s Court
The Putnam County Surrogate’s Court oversees all probate and estate administration. The process begins with filing the will and a petition. The court then issues citations to notify all interested parties before appointing an executor or administrator.
- File the will and petition: Submit the original will and a petition for probate to the Putnam County Surrogate’s Court. Filing fees are based on the estate’s value.
- Serve citations to interested parties: The court issues formal citations to heirs, beneficiaries, and other interested parties, providing legal notice of the proceeding.
- Appoint the executor or administrator: The court reviews the petition and formally appoints a fiduciary, granting them legal authority via Letters Testamentary or Letters of Administration.
- Inventory and manage estate assets: The fiduciary must locate, secure, and value all estate assets, from real property in Carmel or Mahopac to financial accounts.
- Pay debts and taxes: Valid creditor claims are paid. Federal and New York estate tax returns (Form ET-706) must be filed within nine months of the date of death.
- Distribute assets and file accounting: After debts and taxes are settled, remaining assets are distributed to beneficiaries. A final accounting is filed with the court for approval.
Putnam County Estate Planning and Probate Overview
In Putnam County, trust and estate matters involve specific legal standards, from fiduciary duties to New York’s estate tax, which can impose significant financial consequences for estates exceeding the exemption threshold.
| Matter | Governing Law / Standard | Key Consideration | Potential Consequence |
|---|---|---|---|
| Will Contest | EPTL § 3-2.1 (Formal Execution) | Challenges based on undue influence, lack of capacity, or improper execution. | Estate distribution frozen during litigation (12-24 months). |
| Breach of Fiduciary Duty | SCPA § 2307 (Executor Commissions) | Executor/Trustee mismanagement of assets or failure to follow will/trust terms. | Surcharge (monetary penalty), removal, and personal liability. |
| New York Estate Tax | NY Tax Law § 951 et seq. | Taxable estate exceeds $7.35M exemption (2026). “Cliff” effect at 105% of exemption. | Tax rate 3.06%-16% applied to the entire estate value, not just the excess. |
| Probate Timeline | Surrogate’s Court Procedure | Standard probate with court oversight, inventory, accounting, and creditor period. | Typical duration 12-24 months before final distribution. |
Results may vary. Each estate’s timeline and outcome depend on its unique assets, debts, family dynamics, and court scheduling.
Our Experience in New York Estate Law
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 focus on the specific requirements of New York law and the Putnam County Surrogate’s Court.
Our Approach to Trust and Estate Cases
We provide full representation for New York trust and estate matters. Our process involves a detailed review of your assets and family situation, careful drafting of estate planning documents to meet New York’s formal requirements, and guiding executors and trustees through their fiduciary duties in Surrogate’s Court.
Results may vary. Prior results do not aim for a similar outcome.
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.
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 value, not just the excess.
How long does probate take in Putnam County Surrogate’s Court?
Probate in Putnam County typically takes 12 to 24 months. For small estates under $50,000, an expedited small estate affidavit process is available, which can be faster.
What happens if someone contests a will in New York?
A will contest freezes the estate distribution. The Surrogate’s Court will hold proceedings to determine the will’s validity, which can take 12-24 months and involve significant legal costs.
What are the executor’s fees in New York?
Executor commissions in New York are set by statute under 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.
Do I need a lawyer to create a will in Putnam County?
While not legally required, a lawyer ensures your will meets New York’s formal execution requirements under EPTL § 3-2.1, avoids ambiguity, and properly addresses taxes, trusts, and guardianship for minor children.
Related Legal Services
- New York Trust & Estate Lawyer – Our state-level hub page.
- Albany County Trust & Estate Lawyer – Serving a nearby New York locality.
- Putnam County Business Lawyer – Related service for business succession planning.
- Learn more about Mr. Sris – Attorney profile.
Last verified: March 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.