Trust & Estate Lawyer in Putnam County, NY
In Putnam County, wills are probated through the Surrogate’s Court, where executors are appointed and citations issued to interested parties. The statutory executor commission rates are defined under SCPA § 2307.
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 govern wills, trusts, probate, estate administration, and fiduciary duties. The New York estate tax, under Tax Law § 951 et seq., applies to estates exceeding $7.35 million in 2026, with rates ranging from 3.06% to 16%. Unlike federal law, New York does not allow portability of the exemption between spouses and imposes a “cliff effect” where exceeding 105% of the exemption triggers tax on the entire estate.
Last verified: March 2026 | Putnam County Supreme Court | New York State Legislature
Official New York Legal Resources
For the complete text of New York estate laws, refer to the official state resources: NY Estates, Powers and Trusts Law (official New York State Legislature) and Putnam County Supreme Court website (official New York Courts).
Putnam County Estate Procedures
In Putnam County, estate matters are handled through the Surrogate’s Court. The process begins with filing the original will and petition for probate. The court then issues citations to all interested parties, including heirs and beneficiaries. Executors or administrators must prepare an inventory of estate assets and file required accountings.
- File the will and petition for probate with Putnam County Surrogate’s Court.
- Obtain letters testamentary (with will) or letters of administration (without will).
- Notify creditors through publication and serve citations on interested parties.
- Inventory all estate assets and file the inventory with the court.
- Pay valid debts and file New York estate tax return within 9 months if applicable.
- Distribute remaining assets to beneficiaries after court approval of final accounting.
Estate Planning Considerations in Putnam County
In Putnam County, estate planning involves handling New York’s unique estate tax cliff and statutory executor commission structure under SCPA § 2307.
| Document/Process | Key Feature | Timeline | Cost/Fee |
|---|---|---|---|
| Will Preparation | Testamentary document | 1-2 weeks | Attorney fees vary |
| Revocable Trust | Avoids probate | 2-4 weeks | Attorney fees vary |
| Probate Administration | Court-supervised | 12-24 months | Court fees based on estate value |
| Small Estate Affidavit | Expedited for estates under $50,000 | 1-3 months | Reduced court fees |
| Estate Tax Return | Required for estates over $7.35M | Due 9 months after death | Tax preparation fees |
Results may vary based on individual circumstances and court procedures.
Our Trust & Estate Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined legal experience, our firm has handled numerous estate planning and probate matters. We understand the intricacies of New York’s estate tax system and Surrogate’s Court procedures.
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 Putnam County Surrogate’s Court?
Probate typically takes 12-24 months in Putnam County Surrogate’s Court. For small estates under $50,000, an expedited small estate affidavit process is available, which can be significantly faster.
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 $4,000,000, and 2% on amounts over $5,000,000.
What happens if someone contests a will in Putnam County?
If a will is contested in Putnam County, the estate is typically frozen during litigation. The Surrogate’s Court will issue citations to all interested parties and the process can take 12-24 months to resolve through hearings and potential trial.
What are the key estate planning documents needed in New York?
Key documents include a will, revocable living trust, durable power of attorney, healthcare proxy, and living will. For estates over $7.35 million, irrevocable life insurance trusts and other tax planning vehicles are often recommended.
Trust & Estate Lawyer Near Putnam County
Our New York location serves clients at Putnam County courts. We represent individuals and families throughout Carmel, Brewster, Cold Spring, Mahopac, Putnam Valley, Kent, and Patterson. Our office is accessible via I-87 (NYS Thruway), I-84, I-287, Taconic State Parkway, and Route 9.
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
Related Legal Resources
New York Trust & Estate Lawyer |
Albany County Estate Lawyer |
Putnam County Business Lawyer |
Mr. Sris Attorney Profile
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.