Trust & Estate Lawyer in Putnam County, NY
In Putnam County, estate matters are handled through the Surrogate’s Court, with probate typically taking 12-24 months and executor commissions set by SCPA § 2307.
New York Trust & Estate Law
New York trust and estate law is governed by the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). These statutes outline the legal framework for creating wills, establishing trusts, administering estates, and handling fiduciary responsibilities. The New York estate tax applies to estates exceeding $7.35 million in 2026, with a unique “cliff effect” where estates over 105% of the exemption are taxed on the entire value.
Last verified: March 2026 | Putnam County Supreme Court | New York State Legislature EPTL
Official New York Legal Resources
Putnam County Estate Procedures
In Putnam County, all estate matters proceed through the Surrogate’s Court. The court requires detailed inventories, regular accountings, and strict adherence to statutory timelines. Executors and administrators must follow specific procedures for asset collection, debt payment, and beneficiary distribution.
- File the original will and petition for probate with the Putnam County Surrogate’s Court to appoint an executor or administrator.
- The court issues citations to all heirs, beneficiaries, and potential creditors, providing legal notice of the proceedings.
- The executor prepares and files a detailed inventory of all estate assets with the court within the required timeframe.
- Valid creditor claims are addressed and paid according to New York’s statutory priority for debt settlement.
- If the estate exceeds $7.35 million, both federal and New York estate tax returns must be filed within 9 months of death.
- After court approval of the final accounting, remaining assets are distributed to beneficiaries as outlined in the will or by intestacy laws.
Putnam County Estate Planning Considerations
In Putnam County, estate planning involves handling New York’s unique estate tax cliff, where estates exceeding 105% of the $7.35 million exemption are taxed on the entire value, not just the excess.
| Matter | Governing Law | Timeline | Key Consideration |
|---|---|---|---|
| Probate | SCPA | 12-24 months | Small estate affidavit available for estates under $50,000 |
| Will Contest | EPTL § 3-2.1 | 12-24 months | Estate frozen during litigation |
| Estate Tax Return | NY Tax Law § 951 | Due 9 months after death | Cliff effect at 105% of exemption |
| Executor Commission | SCPA § 2307 | Paid upon court approval | Statutory sliding scale based on estate value |
Results may vary based on individual circumstances and court decisions.
Our Trust & Estate Experience
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 trust and estate matters. We have handled numerous estate administrations, will contests, and complex trust arrangements throughout New York. Our approach focuses on clear communication, thorough preparation, and strategic planning case-specific to each client’s unique family and financial situation.
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 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 significantly reduce the timeline.
What are the executor commission rates in New York?
Executor commissions in New York are set by statute under SCPA § 2307. The rate is calculated on a sliding scale based on the estate’s value, typically ranging from 2% to 5% of the estate assets.
When is the New York estate tax return due?
The New York estate tax return 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.
What happens during a will contest in Putnam County?
During a will contest, the estate is typically frozen while the Surrogate’s Court examines the will’s validity. The process involves citations to interested parties, discovery, and hearings, often taking 12-24 months to resolve.
Case Results
Law Offices Of SRIS, P.C. has achieved favorable outcomes in trust and estate matters firm-wide across VA, MD, NJ, NY, and DC. Our experience includes successful estate administrations, resolved will contests, and effective estate tax planning strategies.
Results may vary based on individual circumstances and court decisions.
Serving Putnam County, NY
Our New York location represents clients at Putnam County courts. We serve Carmel, Brewster, Cold Spring, Mahopac, Putnam Valley, Kent, Patterson, and surrounding Hudson Valley communities.
Trust & Estate lawyer near Putnam County Surrogate’s Court. 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 – Our state hub page
- Albany County Trust & Estate Lawyer – Serving nearby locality
- Putnam County Business Lawyer – Related practice area
- 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.