Trust & Estate Lawyer in Putnam County, NY
New York Trust & Estate Law
New York trust and estate law involves creating wills and trusts to manage assets during life and after death, and guiding heirs through the probate or administration process in Surrogate’s Court. Key statutes include the New York 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.
Last verified: March 2026 | Putnam County Supreme Court | New York State Legislature
Official Legal Resources
For the full text of New York estate laws, refer to the official state legislature website: New York Estates, Powers and Trusts Law (EPTL). For court forms and procedures in Putnam County, visit the Putnam County Supreme Court website.
Estate Process in Putnam County Surrogate’s Court
Wills are probated through the Putnam County Surrogate’s Court. The court appoints an executor or administrator, issues citations to interested parties, and oversees the inventory and accounting of the estate. Trust administration follows the terms set in the EPTL.
- File the Will and Petition: The executor files the original will and a petition for probate with the Surrogate’s Court.
- Serve Citation: The court issues a citation to all heirs and beneficiaries, providing legal notice and a chance to object.
- Obtain Letters Testamentary: If no objections are filed, the court grants letters testamentary, giving the executor legal authority.
- Administer the Estate: The executor inventories assets, pays debts and taxes, and manages estate property.
- File Final Accounting: The executor prepares a final accounting for court approval, detailing all financial activity.
- Distribute Assets: After court approval, the remaining assets are distributed to the beneficiaries as directed by the will.
Penalties and Consequences in Estate Matters
In Putnam County, failure to properly administer an estate or breaches of fiduciary duty can lead to surcharges, removal as executor, and estate litigation that freezes asset distribution for months or years.
| Issue | Classification | Potential Consequence | Financial Impact |
|---|---|---|---|
| Will Contest | Surrogate’s Court Proceeding | Estate distribution frozen; 12-24 month litigation | Legal fees; potential redistribution of assets |
| Breach of Fiduciary Duty | SCPA Violation | Executor removal; surcharge (personal liability) | Repayment of misused funds + penalties |
| Missed NY Estate Tax Filing | Tax Law Violation | Penalties & interest; tax lien on estate assets | Tax due + 5-25% penalty + interest |
| Improper Probate Procedure | Procedural Defect | Court rejection of filings; delays | Additional legal costs to correct |
Results may vary. Each estate matter depends on unique facts and court discretion.
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 attorney experience to complex estate planning and administration matters. Our approach is case-specific, focusing on the precise legal and financial details of your situation.
Case Results
Law Offices Of SRIS, P.C. has a documented history of handling estate matters. Our firm-wide experience across Virginia, Maryland, New Jersey, New York, and DC informs our approach to New York estate law.
Results may vary. Prior results do not aim for a similar outcome.
Local 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. Our trust and estate lawyer near Putnam County is accessible via I-87, I-84, and the Taconic State Parkway.
Availability: 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 valued under this amount generally owe no state 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.
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 will contests arise. Small estates under $50,000 may use an expedited affidavit process.
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 fees in New York?
Executor fees in New York are set by statute (SCPA § 2307). The fee is a percentage of the estate assets received and paid out. For example, the fee is 5% on the first $100,000, 4% on the next $200,000, and so on. The court must approve these fees.
Do I need a lawyer to probate a will in Putnam County?
Yes. New York Surrogate’s Court Procedure Act requires an executor to be represented by an attorney admitted to practice in New York. The court will not allow a non-attorney to handle probate filings, accountings, or represent the estate in legal matters.
Related Legal Services
For more information, visit our New York Trust & Estate Lawyer hub page. We also assist with business law in Putnam County and civil litigation in Putnam County. Learn more about attorney Mr. Sris.
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.