Trust & Estate Lawyer in Queens County (Queens), NY
New York Trust & Estate Law
New York trust and estate law is primarily governed by the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). These statutes define the creation of wills and trusts, the probate and administration process, fiduciary duties, and the state’s estate tax under Tax Law § 951 et seq. Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, brings over 120 years of combined legal experience to these matters.
Last verified: March 2026 | Verify with lead attorney | New York State Legislature
Official New York Legal Resources
Queens County Surrogate’s Court Process
Wills are probated through the Queens County Surrogate’s Court. The court appoints an executor or administrator, issues citations to interested parties, and requires a formal inventory and accounting. Trust administration follows EPTL guidelines.
- File the will and petition: File the original will and a petition for probate with the Queens County Surrogate’s Court. Pay the filing fee based on the estate’s value.
- Serve citation to interested parties: The court issues a citation to all interested parties (heirs, beneficiaries, creditors). They have a limited time to file objections.
- Appoint executor/administrator: If no objections are filed, the court will issue letters testamentary (for an executor named in the will) or letters of administration (if no will).
- Inventory and manage assets: The fiduciary must inventory all estate assets, open an estate bank account, pay valid debts, and manage the assets during administration.
- File accounting and distribute: Prepare and file a formal accounting with the court. After court approval, distribute the remaining assets to the beneficiaries and close the estate.
Trust & Estate Consequences in New York
In Queens County, trust and estate matters involve significant financial consequences: will contests can freeze an estate, breach of fiduciary duty leads to surcharge and removal, and New York’s estate tax applies a “cliff”—estates exceeding 105% of the $7.35M exemption are taxed on the entire estate.
| Issue | Classification | Court Timeline | Financial Impact | Additional Consequences |
|---|---|---|---|---|
| Will Contest | Surrogate’s Court Proceeding | 12-24 months | Estate frozen; legal fees | Distribution delayed; family conflict |
| Breach of Fiduciary Duty | SCPA § 2307 violation | Varies | Surcharge; removal; denial of commissions | Personal liability for losses |
| NY Estate Tax | Tax Law § 951 et seq. | Return due 9 months after death | 3.06% – 16% on taxable estate | “Cliff” effect on entire estate if over 105% of exemption |
| Intestacy (No Will) | EPTL default distribution | 12-24 months | Statutory fees; potential higher taxes | Assets may not go to intended beneficiaries |
Results may vary. Each estate’s outcome depends on its unique facts, asset structure, and court rulings.
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 trust and estate matters. Our global advocacy and local precision approach ensures clients receive informed guidance on complex New York laws like EPTL and SCPA.
Frequently Asked Questions
What is the New York estate tax exemption amount?
The New York estate tax exemption is $7.35 million for 2026. However, New York has a ‘cliff effect’ under Tax Law § 951: if the taxable estate exceeds 105% of the exemption, the entire estate is taxed, not just the excess.
How long does probate take in Queens County Surrogate’s Court?
Probate in Queens County typically takes 12 to 24 months. The timeline depends on estate complexity, asset location, and whether any interested parties file a will contest or objections to the accounting.
What are the executor’s fees in New York?
Executor commissions in New York are statutory under SCPA § 2307. The fee is calculated as a percentage of the estate’s value: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, and so on.
What happens if someone dies without a will in New York?
If you die intestate (without a will) in New York, your assets are distributed according to NY Estates, Powers and Trusts Law (EPTL). A spouse and children have priority. An administrator, not an executor, must be appointed by the Surrogate’s Court.
Can a will be contested in Queens County?
Yes. A will can be contested in Queens County Surrogate’s Court on grounds like lack of testamentary capacity, undue influence, fraud, or improper execution. A contest freezes estate distribution until the court resolves the matter.
Case Results
Law Offices Of SRIS, P.C. has achieved 4,739+ favorable case results firm-wide across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not aim for a similar outcome.
Trust & Estate Lawyer Near Queens County (Queens)
Our New York location serves clients at Queens County courts. We are accessible via I-495 (LIE), Grand Central Parkway, Van Wyck Expressway, and the BQE.
We serve Queens communities including Jamaica, Flushing, Astoria, Long Island City, Forest Hills, Bayside, Jackson Heights, Rego Park, Elmhurst, Woodside, Corona, Rockaway Beach, Howard Beach, Ozone Park, and Fresh Meadows.
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 Services
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.