Trust & Estate Lawyer in Putnam County, NY
New York Trust & Estate Law
New York estate law is primarily codified in the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). These statutes define the legal framework for creating wills, establishing trusts, appointing fiduciaries like executors and trustees, and administering estates through the Surrogate’s Court. 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 amount.
Last verified: March 2026 | Verify with lead attorney | New York State Legislature
Official Legal Resources
For the full text of the law, refer to the New York Estates, Powers and Trusts Law (official NY Senate site). Procedural rules and court forms are available through the Putnam County Supreme Court (9th Judicial District) website.
Putnam County Surrogate’s Court Process
The Key local procedural fact is that wills are probated through the Surrogate’s Court. An executor or administrator is appointed, and a citation is issued to all interested parties. The fiduciary is required to prepare an inventory and regular accountings for court approval. Trust administration follows the terms of the trust instrument under EPTL guidelines.
- File the will and petition: File the original will and a petition for probate with the Putnam County Surrogate’s Court. Pay the required filing fee based on the estate’s value.
- Obtain appointment and citation: The court will appoint the executor or administrator. A citation is issued to all interested parties, providing notice of the proceedings.
- Prepare inventory and accounting: The fiduciary must prepare a detailed inventory of the estate’s assets. Regular accountings are required by the court to track all transactions.
- Address creditor claims and taxes: Manage valid creditor claims against the estate. File the NY estate tax return within 9 months of death if the estate exceeds the exemption.
- Distribute assets and close estate: After paying debts and taxes, distribute the remaining assets to the beneficiaries as directed by the will or intestacy laws. File a final accounting to close the estate.
Penalties and Consequences in New York
In Putnam County, failure to properly administer an estate or breaches of fiduciary duty can lead to surcharges, removal, and personal liability. The New York estate tax imposes a 3.06% to 16% rate on taxable estates over $7.35 million, with the cliff effect taxing the entire estate if it exceeds 105% of the exemption.
| Issue | Classification | Financial Impact | Court Action |
|---|---|---|---|
| Breach of Fiduciary Duty | Civil Wrong | Surcharge (monetary penalty), repayment of losses | Removal by Surrogate’s Court |
| Will Contest | Surrogate’s Court Proceeding | Estate frozen during litigation, legal fees | Court determines validity of will |
| NY Estate Tax Non-Filing | Tax Violation | Penalties, interest on tax owed | NY Department of Taxation audit |
| Executor Commission | Statutory Fee (SCPA § 2307) | Percentage of estate value | Approved by Surrogate’s Court |
Results may vary. The outcomes described are not guarantees. Each case depends on its 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 attorney experience to complex trust and estate matters. Our tagline, “Global advocacy. Local precision,” reflects our approach to serving Putnam County clients. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating a deep engagement with property law that informs our estate planning practice.
Frequently Asked Questions
What is the New York estate tax exemption for 2026?
The NY estate tax exemption is $7.35 million for 2026. However, New York has a ‘cliff effect’—if the taxable 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 typically takes 12-24 months in Putnam County. A small estate affidavit can expedite the process for estates valued under $50,000. Will contests can extend the timeline.
What are the executor commissions in New York?
Executor commissions in New York are statutory and calculated under SCPA § 2307. The fee is a percentage of the estate’s value, paid for the executor’s services in administering the estate.
When is the New York estate tax return due?
The New York estate tax return is due 9 months after the date of death. Timely filing is critical to avoid penalties and interest on any tax owed.
What happens if a fiduciary breaches their duty in New York?
A fiduciary who breaches their duty in New York can face a surcharge (monetary penalty), removal from their position by the Surrogate’s Court, and personal liability for losses to the estate.
Case Results
Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with a favorable outcome rate of 93%+.
Results may vary. Prior results do not aim for a similar outcome.
Local Putnam County Representation
Our New York location serves clients at Putnam County courts. We are accessible via I-87 (NYS Thruway), I-84, I-287, Taconic State Parkway, and Route 9. As a trust and estate lawyer near Carmel, Brewster, and Mahopac, we serve the communities of Carmel, Brewster, Cold Spring, Mahopac, Putnam Valley, Kent, and Patterson. We offer 24/7 phone consultations at (888) 437-7747. Meetings are 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
Related Legal Information
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 Mr. Sris’s background and experience.
Last verified: March 2026. Information updated as of 2026-02-20. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed as formal legal advice nor the formation of a lawyer/client relationship. Prior results do not aim for a similar outcome.