New York Probate Lawyer
We handle the entire New York estate: probate, executor, and property sale. One firm. You don’t have to coordinate anything.
What is probate? The probate process includes the complete estate settlement and distribution of assets for a deceased loved one. The process can be time-consuming and difficult to navigate because of all the legal and tax issues.
Probate is required in New York if the deceased person was a New York resident or owned any assets within New York. We help clients from all over the world with their New York probate cases.
What We Do
Out-of-State or International Heirs
If you inherited a New York property but don’t live in New York, you probably don’t want to manage a probate case from a distance. We handle the full process remotely. You don’t need to fly in, coordinate attorneys in two states, or manage anything locally.
We take on the legal work, the executor duties, and the property sale. And we keep you informed without requiring your presence. Most of our out-of-state and international clients never set foot in New York during the process.
We also serve as professional executor, meaning you can appoint us to run the estate without naming a family member to carry that burden. → How professional executor works
Selling the Deceased’s Home
When a New York estate includes real estate, the property usually can’t be sold until probate is complete. And probate can’t close until the estate is settled. We handle it all.
We serve as attorney and executor, and we oversee the property sale from start to finish. If there are tenants who won’t leave, foreclosure threats, tax liens, title problems from years of neglect, or competing claims from multiple heirs, we work through all of it. One firm does it for you, you just collect your check at the end.
No Upfront Fees
If the estate has a New York property but can’t pay attorney fees upfront, we can structure the engagement on a contingent basis: our fees are paid from the estate proceeds at closing, with no upfront retainer.
This isn’t the right fit for every case. We evaluate each situation before agreeing to terms. But if you’re in a position where you can’t move forward without someone to front the costs, contact us and we’ll tell you quickly whether it’s a case we can take.
Our Probate Cases
Out-of-State or Non-US Heirs
We handle the full New York probate process for heirs and executors who live out-of-state or overseas. A New York executor may not delegate his duties, and generally must be physically present in New York to carry out his responsibilities. We handle it all, so you don’t need to fly in.
Non-US Decedents
When the deceased was not a US citizen and lived outside the US, there are extra complications that arise during the probate process. Our team has been in this situation many times, and we can guide you through it.
Selling the Deceased’s Home
Selling the deceased’s house can be complicated. We’ll help get through all the problems to closing:
- We help evict troublesome tenants, or even nonpaying family
- We clear foreclosures, violations, and other legal and tax issues
- If you’ve waited a few years, we’ll sort multiple estates and title problems
Contingent Fee Probate
In some cases, we also offer contingent and deferred fees, with no upfront payment required. We understand how important it is to start quickly, even if you don’t have funds to pay a retainer. And we have the experience to untangle even the messiest contingent fee cases.
Probate FAQs
Do I need to go through probate to sell an inherited house in New York?
Yes, in most cases. If the deceased was the sole owner of the property, the house must go through New York probate before it can be sold. Probate establishes who has legal authority to sign the deed and transfer title to the buyer.
There are limited exceptions. For example, if the property was held jointly with right of survivorship, or if it was placed in a trust. But for most inherited NY real estate, probate is required before the sale can close.
We handle both the probate and the property sale, so you don’t need to coordinate multiple firms.
How long does probate take in New York?
Generally 2 months to 3 years, with a typical case taking about 15 months. The process has three main phases:
- Getting Letters Testamentary (court authority to act as executor): 2–6 months, typically 3 months.
- Administering the estate (paying debts, filing taxes, managing assets): 7 months to 3 years, typically 9 months.
- Closing the estate: 1 month to 1 year, typically 3 months.
The timeline depends on the complexity of the estate, whether there’s a will, and whether any heirs contest the proceedings.
How much does probate cost in New York?
Total probate costs typically run 2.5% to 10% of the gross estate value. The main costs are:
Executor’s commission: Set by New York law (SCPA 2307) at 2.5%–5% of estate assets, paid from estate funds.
Attorney fees: Usually starting with a $5,000 upfront retainer, though flat fees or contingency arrangements are sometimes available.
Court filing fees: $215–$1,250 depending on estate size.
Other costs: Process server, bond, publication fees, appraisals, and tax preparation.
For example, on a $350,000 estate, the executor commission alone would be approximately $14,500.
What happens if there’s no will? Can the house still be sold?
Yes, but the process is called Administration rather than Probate, and it takes longer. Without a will, the court appoints an Administrator (instead of an Executor) to manage the estate. New York’s intestacy laws determine who inherits.
The house can still be sold, but you’ll need Letters of Administration from the Surrogate’s Court first, which requires identifying and notifying all legal heirs, which can be complicated if family members are scattered or estranged.
We handle intestate estates, and handle both the administration and the property sale, so you don’t need to coordinate multiple firms.
What does an executor need to do to sell real estate in New York?
An executor must: (1) get Letters Testamentary from the Surrogate’s Court, (2) get a date-of-death appraisal of the property, (3) pay or resolve any outstanding liens or mortgages, (4) list and sell the property at fair market value, and (5) distribute the net proceeds to the heirs after paying estate debts, and taxes.
If you’ve been named executor and live out of state, or simply don’t have time to manage this, we can serve as professional executor and handle the entire process for you.
Can I hire you to handle everything, including selling the house?
Yes. That’s the core of what we do. We handle probate, serve as executor, and oversee the sale of the New York property. We coordinate all of it, start to finish.
If the estate can’t cover upfront costs, we may be able to structure a contingent-fee arrangement where our fees are paid from the sale proceeds at closing. Contact us and we’ll let you know quickly whether your situation qualifies.
About Anthony
I enjoy the challenge of unscrambling a messy estate, and simplifying it to inheritance checks for the heirs. Must be the puzzle-lover in me.
Besides lawyering, I’ve owned businesses ranging from an H&R Block franchise to a biodiesel refinery in Africa.
Learn more at our YouTube channel or reading one of my best-selling Amazon books:
I grew up and live on the Upper West Side with my wife and 2 kids. I ride Citibike everywhere, and play pickup soccer every weekend.
Contact Us for a Free Consultation
Or call us at 212-401-2990.
