Trust & Estate Lawyer in Richmond County (Staten Island), NY
New York Trust & Estate Law
New York trust and estate matters are primarily 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. The New York estate tax, under Tax Law § 951 et seq., applies to estates exceeding $6.94 million with rates from 3.06% to 16%.
Last verified: March 2026 | Richmond County Supreme Court | New York State Legislature
Official New York Legal Resources
For the complete text of New York estate laws, refer to the Estates, Powers and Trusts Law (official New York State Legislature website). For court procedures and forms, visit the Richmond County Supreme Court website.
Richmond County Estate Procedures
Wills are probated through the Richmond 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 provisions.
- File the original will and death certificate with the Richmond County Surrogate’s Court.
- Obtain letters testamentary (for named executors) or letters of administration (if no will).
- Notify all heirs, beneficiaries, and known creditors as required by SCPA.
- Prepare a complete inventory of all estate assets within the required timeframe.
- File federal (Form 706) and New York (Form ET-706) estate tax returns if applicable.
- Distribute assets to beneficiaries and file final accounting with the court.
New York Estate Tax & Penalties
In Richmond County (Staten Island), New York estate tax applies to estates over $6.94 million with rates from 3.06% to 16%, and a “cliff effect” where estates exceeding 105% of the exemption are taxed on the entire value.
| Matter | Classification | Tax/Fee Impact | Timeline | Additional Consequences |
|---|---|---|---|---|
| Estate Tax | Taxable Estate > $6.94M | 3.06% – 16% | Return due 9 months after death | “Cliff effect” at 105% of exemption |
| Probate | Surrogate’s Court proceeding | Filing fees based on estate value | 12-24 months | Executor commission: statutory (SCPA § 2307) |
| Will Contest | Estate litigation | Court costs + attorney fees | 12-24 months | Estate frozen during litigation |
Results may vary. Each estate matter depends on specific facts and circumstances.
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. Our approach emphasizes careful planning to minimize tax exposure and avoid family disputes.
Case Results
Law Offices Of SRIS, P.C. has achieved favorable outcomes in estate matters firm-wide across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not aim for a similar outcome.
Local Estate Lawyer Serving Staten Island
Our New York location represents clients at Richmond County (Staten Island) courts. We serve Staten Island communities including St. George, New Dorp, Tottenville, Great Kills, Stapleton, and Port Richmond.
Trust and estate lawyer near Richmond County (Staten Island). 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 Richmond County (Staten Island)?
Probate in Richmond County typically takes 12-24 months. 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 New York?
When a will is contested in New York, the estate is typically frozen during litigation. The Surrogate’s Court will hear evidence on grounds like undue influence, lack of capacity, or improper execution before determining validity.
What are the executor commission rates in New York?
Executor commissions in New York are statutory under SCPA § 2307. The rate is calculated on a sliding scale based on the estate value, typically ranging from 2% to 5% of the assets administered.
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 Resources
For more information, visit our New York Trust & Estate Lawyer hub page. We also serve nearby areas including Albany County and Broome County. For other legal needs in Richmond County, see our business lawyer and civil litigation lawyer pages. Learn more about Mr. Sris or our New York location.
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.