Trust & Estate Lawyer in Putnam County, NY
A Trust & Estate lawyer helps you create wills and trusts, guides executors through probate in Putnam County Surrogate’s Court, and plans for New York’s unique estate tax rules.
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 legal requirements for creating valid wills and trusts, the process for probating estates, the duties of executors and trustees, and the rules for estate taxation under N.Y. Tax Law § 951 et seq.. Proper estate planning requires understanding these interconnected laws to avoid probate delays, will contests, and unexpected tax liabilities.
Last verified: March 2026 | Putnam County Supreme Court | New York State Legislature
Official Legal Resources
Estate Administration in Putnam County
Wills are probated through the Putnam County Surrogate’s Court. The court appoints an executor or administrator, issues citations to all interested parties, and oversees the entire estate settlement process. An inventory and final accounting are mandatory court filings.
- File the will and petition for probate: The original will and a petition for probate must be filed with the Putnam County Surrogate’s Court to appoint an executor.
- Serve citations to interested parties: All heirs and beneficiaries must be formally notified of the probate proceeding through a citation issued by the court.
- Prepare and file an inventory: The executor must prepare a detailed inventory of all estate assets and file it with the Surrogate’s Court.
- Pay debts and taxes: All valid creditor claims and any applicable estate taxes (federal and New York) must be paid from estate funds.
- File final accounting and distribute assets: A final accounting is submitted to the court for approval before the remaining assets can be distributed to the beneficiaries.
Penalties and Consequences
In Putnam County, failure to properly administer an estate or breaches of fiduciary duty can lead to surcharges (personal financial liability), removal as executor or trustee, and estate freezing during litigation.
| Issue | Classification | Court Impact | Financial Consequence |
|---|---|---|---|
| Will Contest | Surrogate’s Court Proceeding | Estate frozen 12-24 months | Legal fees reduce estate |
| Breach of Fiduciary Duty | SCPA Article 22 | Removal, Surcharge | Personal liability |
| NY Estate Tax Non-Payment | Tax Law § 954 et seq. | Tax Lien, Penalties | Tax + Interest + Penalty |
| Late Probate Filing | SCPA § 1001 | Delayed distribution | Executor liability for losses |
Results may vary. Each estate and trust 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 legal experience to each case. Our approach is case-specific, focusing on the precise details of New York estate law and Surrogate’s Court procedures to achieve favorable outcomes for our clients.
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 value, not just the excess.
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 be faster.
What happens if someone contests a will in New York?
If a will is contested, the estate is typically frozen during litigation, which can last 12-24 months. Grounds for contest include lack of capacity, undue influence, fraud, or improper execution.
What are the executor’s fees in New York?
Executor fees in New York are set by statute under SCPA § 2307. They are calculated as a percentage of the estate’s value and must be approved by the Surrogate’s Court.
When is the New York estate tax return due?
The New York estate tax return (Form ET-706) 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.
Case Results
Law Offices Of SRIS, P.C. has a documented history of favorable outcomes in estate and trust matters. Our firm-wide experience across multiple states informs our approach to each case in Putnam County.
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 represent individuals and families throughout Carmel, Brewster, Cold Spring, Mahopac, Putnam Valley, Kent, and Patterson.
Trust & Estate lawyer near Putnam County – accessible for clients throughout the Hudson Valley region.
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
- New York Trust & Estate Lawyer – Statewide hub page.
- Albany County Trust & Estate Lawyer – Serving a nearby locality.
- Putnam County Business Lawyer – Related practice area in the same locality.
- Mr. Sris Attorney Profile
Last verified: March 2026. Information is current as of the verification date. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.