Probate & Estate Administration

When someone dies, their assets do not transfer to the people they cared about automatically. In New York, that transfer happens through the Surrogate’s Court in the county where the person lived, in a process called probate if there was a will, or administration if there was not. Fisher Stone guides executors, administrators, and families through that process from the first filing to the final distribution.

Fisher Stone handles probate and estate administration for a flat fee, quoted after a short, free consultation of about 15 minutes, before any work begins. A licensed New York attorney handles your matter from start to finish, reachable directly by call, email, or text. No call centers, no handoffs partway through.

What probate and estate administration involve

Probate and estate administration are the New York court processes that settle a person’s estate after they die. Both happen in the Surrogate’s Court in the county where the person lived, and both cover the same basic work: confirming who is in charge, identifying what the person owned, paying what the estate owes, and distributing what remains to the people entitled to receive it.

Which process applies depends on one fact: whether the person left a valid will. If they did, the court probates the will and the named executor carries it out. If they did not, the court appoints an administrator and New York’s intestacy law decides who inherits. The steps that follow are similar either way, but who is in charge and how they are chosen is not.

Probate when there is a will

Probate is the court proceeding that validates a will and puts it into effect. The person named in the will as executor files the will with the Surrogate’s Court along with a petition, and once the court is satisfied the will is valid, it issues the executor letters testamentary, the document that gives the executor legal authority to act on behalf of the estate.

From there, the executor answers to the court while carrying out the will: locating and securing the person’s assets, notifying beneficiaries and any interested parties, paying valid debts and taxes, and distributing what remains according to the will’s terms. A person’s own will is what allows them to choose their executor and their beneficiaries in advance, rather than leaving those decisions to a court. If a beneficiary or another interested party challenges the will’s validity, probate can take longer while the court resolves the dispute.

Administration when there is no will

When a person dies without a valid will, New York calls this dying “intestate.” There is no executor to name because there is no will, so the Surrogate’s Court appoints an administrator instead, chosen by priority under New York law, generally starting with a surviving spouse, then children, then other close relatives.

Once appointed, the administrator has the same basic responsibilities as an executor: gathering assets, paying debts and taxes, and distributing what remains. The difference is who inherits. Without a will, New York’s intestacy statute decides, using a fixed formula based on which relatives survive the person. It does not ask who the person was close to, so an unmarried partner or a close friend receives nothing under intestacy, no matter the relationship, unless a will said otherwise.

The steps of settling an estate

Whether the process is probate or administration, an executor or administrator generally works through the same three stages.

Identify the assets

The executor or administrator locates and takes inventory of everything the person owned in their individual name, including bank and investment accounts, real estate, and personal property. Assets that pass by beneficiary designation, such as a retirement account or life insurance policy, or assets held jointly with a right of survivorship, generally pass directly to the named person and are not part of this step.

Pay debts and taxes

Before anyone receives an inheritance, the estate pays what it owes: the person’s valid debts, final expenses, and any estate or income taxes due. The executor or administrator notifies known creditors and follows the court’s procedure for handling claims against the estate.

Distribute what remains

Once debts and taxes are paid, the executor or administrator distributes the remaining assets, either according to the will’s terms or under New York’s intestacy law, and provides an accounting of what was done. Some smaller estates may qualify for a simplified small-estate process that resolves this faster than a full probate or administration proceeding, depending on the value and type of assets involved.

How good planning makes this easier

A person’s own planning affects how much of this process their family has to face. A valid, up-to-date will means the court is confirming a plan the person already made, rather than applying a formula that does not account for their actual wishes. Assets properly funded into a trust can pass to beneficiaries outside the Surrogate’s Court process entirely, which keeps the transfer private and can move faster than probate or administration.

Planning ahead also matters for anyone who may need long-term care later in life, since some of those decisions affect how an estate is eventually settled. Our elder law services help clients plan for that stage before a crisis forces the issue. For families who are ready to put a complete plan in place rather than wait, our estate planning practice covers wills, trusts, powers of attorney, and elder law planning together, so the pieces work as intended when the time comes.