Trust & Estate Lawyer in Westchester County, NY
Law Offices Of SRIS, P.C. provides experienced trust and estate representation in Westchester County, New York. Estate planning and probate are governed by New York Estates, Powers and Trusts Law (EPTL) and Surrogate’s Court Procedure Act (SCPA). The firm has 4,739+ firm-wide case results across its jurisdictions. Our New York location serves clients throughout Westchester County by appointment only.
In Westchester County, wills are probated through the Surrogate’s Court, where an executor is appointed, citations are issued to interested parties, and a full inventory and accounting are required by law.
New York Trust & Estate Law
New York trust and estate law is primarily codified in the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). These statutes outline the requirements for creating valid wills and trusts, the procedures for probate and estate administration, and the fiduciary duties of executors and trustees. 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 | Westchester County Supreme Court | New York State Legislature EPTL
Official Legal Resources
Westchester County Surrogate’s Court Process
Probate and estate administration in Westchester County are handled by the Surrogate’s Court. The process requires strict adherence to statutory timelines and notice requirements. Executors and administrators have a fiduciary duty to manage estate assets prudently and account for all transactions.
- File the Petition: Submit the original will and a petition for probate to the Westchester County Surrogate’s Court. Filing fees are based on the estate’s value.
- Serve Citations: Issue formal citations (notices) to all heirs, beneficiaries, and any potential will contestants as required by SCPA.
- Court Appointment: The court reviews the petition and, if in order, appoints the executor (named in the will) or an administrator (if there is no will).
- Inventory Assets: The fiduciary must prepare and file a detailed inventory of all estate assets, valued as of the date of death.
- Manage Estate Affairs: Pay valid debts, file estate and income tax returns (due within 9 months), and manage assets during the administration period.
- Final Distribution & Accounting: Distribute assets to beneficiaries and file a final accounting with the court for judicial approval to close the estate.
Penalties and Consequences
In Westchester County, breaches of fiduciary duty in estate administration can lead to surcharges (personal financial liability), removal as executor or trustee, and in cases of fraud, criminal prosecution.
| Issue | Classification | Potential Consequences | Financial Impact |
|---|---|---|---|
| Breach of Fiduciary Duty | Civil Wrong | Surcharge, Removal, Litigation | Personal liability for estate losses + legal fees |
| Will Contest | Surrogate’s Court Proceeding | Estate Frozen, Lengthy Litigation | Estate assets depleted by legal costs |
| NY Estate Tax Non-Payment | Tax Violation | Penalties, Interest, Liens | Tax due + penalties/interest (Tax Law § 951 et seq.) |
| Improper Probate Filing | Procedural Defect | Case Dismissal, Delays | Additional filing fees, extended administration |
Results may vary. The outcomes described are potential consequences under New York law and depend on the specific facts of each case.
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 its practice. Our tagline, “Global advocacy. Local precision,” reflects our approach to serving clients in Westchester County and across New York.
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 Westchester County Surrogate’s Court?
Probate typically takes 12 to 24 months in Westchester County. The timeline depends on estate complexity, creditor claims, and whether any will contests are filed. For small estates under $50,000, an expedited small estate affidavit process is available.
What are the executor’s fees in New York?
Executor commissions in New York are set by statute (SCPA § 2307). The fee is calculated as a percentage of the estate assets received and paid out. For example, the commission is 5% on the first $100,000, 4% on the next $200,000, and so on.
What happens if someone contests a will in New York?
A will contest halts the probate process and freezes estate assets. The Surrogate’s Court will hold a proceeding to determine the will’s validity. Grounds for contest include lack of testamentary capacity, undue influence, fraud, or improper execution. These cases often take 12-24 months to resolve.
Do I need a lawyer to probate a will in Westchester County?
While not legally required, having a lawyer is highly advisable. The Surrogate’s Court procedures are complex. An attorney ensures proper filing of the petition, inventory, accounting, and compliance with notice requirements to all interested parties, minimizing the risk of delays or personal liability.
Case Results
Law Offices Of SRIS, P.C. has achieved 4,739+ favorable case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington DC, with a favorable outcome rate of 93%+.
Results may vary. Prior results do not aim for a similar outcome in your case.
Local Representation in Westchester County
Our New York location serves clients at Westchester County courts. We represent individuals and families throughout the area, including White Plains, Yonkers, New Rochelle, Mount Vernon, Scarsdale, Bronxville, Rye, Ossining, Peekskill, Tarrytown, Mamaroneck, Port Chester, Dobbs Ferry, Larchmont, and Hastings-on-Hudson.
Find a trust and estate lawyer near Westchester County for experienced guidance. We offer 24/7 phone consultations at (888) 437-7747. All meetings are held by appointment only.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
Phone: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Related Legal Services
- New York Trust & Estate Lawyer – Statewide hub page.
- Albany County Trust & Estate Lawyer – Serving a nearby locality.
- Westchester County Business Lawyer – Related practice area in the same locality.
- View Mr. Sris’s attorney profile for more background and credentials.
Last verified: March 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.