Probate

Written By Kevin McKernan

Probate is a legal process of validating a will.

What is Probate Court and When do you Need it in New York? 

The probate court process can feel overwhelming, especially when you're already dealing with the loss of someone close to you in neighborhoods like Flushing or Sheepshead Bay. We're here to give you friendly, clear advice about the basics that will help you manage this challenging time. 


Here in New York City, this court is called the Surrogate's Court. 


When is probate required in New York? 

Probate is required whenever someone passes away owning assets titled solely in their name without designated beneficiaries. Probate is also mandatory in New York for estates valued over $50,000 with a will. When your loved one died without a will, the court conducts an administration proceeding rather than probate. 


What types of estates can skip probate? 

  • Assets with named beneficiaries (life insurance, retirement accounts, pension plans) 

  • Property held in joint ownership with rights of survivorship 

  • Assets placed in trusts 

  • Payable-on-death (POD) bank accounts and transfer-on-death (TOD) securities 

  • One automobile (up to $25,000 in value) that can be transferred to family members 


What are the Steps in the Probate Process in New York? 

Step 1: Filing the petition and death certificate 

Step 2: Appointing an executor or administrator 

Step 3: Notifying heirs and creditors 

Step 4: Inventorying and valuing the estate 

Step 5: Paying debts and taxes 

Step 6: Distributing assets and closing the estate 


What does an executor or administrator actually do? 

  • Collecting and inventorying all assets 

  • Managing estate assets carefully and responsibly 

  • Paying valid debts and taxes 

  • Filing required tax returns 

  • Distributing remaining assets to beneficiaries 


Common mistakes that delay probate 

  • Failing to authenticate the will correctly 

  • Not inventorying assets properly 

  • Mixing estate funds with personal accounts 

  • Neglecting to notify all creditors and heirs 

This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client.

For further information please contact me at www.kmckernanlaw.com kevin@kmckernan.com or 718-317-5007.

Kevin McKernan
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