When a Loved One Passes, You Deserve Peace, Not Legal Trouble
When someone you love passes away, the last thing you want to deal with is the court system and loads of paperwork to sort through. But in New York, settling an estate almost always means going through probate—and hiring a New York probate attorney can help more than you might realize.
At McAdoo Estate Planning, we are an experienced, black, woman-owned law firm. Since 2008, we’ve helped hundreds of New York families through this process. We know the courts, we know the paperwork, and we know how to keep things moving so your family isn’t stuck in probate for months on end. If you need a New York probate attorney, we’re here to make this as straightforward as possible.
So What Actually Is Probate?
Probate is the legal process for settling a person’s estate after they pass away. The court oversees everything—making sure debts get paid, assets get accounted for, and whatever is left goes to the right people.
In New York, this happens through Surrogate’s Court. If your loved one had a will, the court validates it and appoints the executor named in the document. If there was no will, the court appoints someone and distributes the estate according to New York’s inheritance laws.
Either way, there’s a process to follow—and the details matter.
Our Process To Provide You With the Best Outcome
- We file the petition — We prepare and file everything with the right Surrogate’s Court for your district—Manhattan, Brooklyn, Queens, the Bronx, or Staten Island.
- We get the executor properly appointed — Whether the will names someone or the court needs to select an administrator, we handle the paperwork and make sure the appointment goes smoothly and without unnecessary delays.
- We manage all required notifications — Heirs, creditors, anyone with a legal interest in the estate—we make sure every required notice goes out correctly and on time. Missed notifications are one of the most common reasons probate stalls.
- We account for every asset — This could be bank accounts, real estate, investments, or personal property. We help identify, document, and value everything the estate holds so nothing is overlooked or disputed later.
- We handle debts and taxes — Before anything is distributed, we make sure debts and taxes are settled properly from the estate’s value. This step trips up a lot of families who try to handle probate on their own.
- We get assets to the right people — Once the court signs off, we oversee the distribution to beneficiaries according to the will or New York law.
- We close the estate cleanly — Final filings, executor discharge, case closed. We tie up every loose end.
Taking on Contested Probate
Most probates go smoothly. But sometimes they don’t—and it helps to know what you’re dealing with.
A will can be challenged if someone believes it wasn’t signed properly or that the deceased was pressured into signing it. Family members don’t always agree on how things should be handled. And estates with significant debt or complicated assets take more time and more careful management.
None of these situations is impossible; they just require someone who knows what they’re doing. We’ve handled contentious estates, contested wills, and everything in between. If your situation is complicated, that’s exactly when having the right attorney makes the biggest difference.
Answering Frequently Asked Questions
Do I have to go through probate in New York?
Not always. Assets with a named beneficiary (like life insurance or retirement accounts) pass directly to that person without probate. The same goes for jointly owned property and anything held in a trust. For smaller estates under $50,000, New York has a more simplified process that avoids full probate. A New York probate attorney can look at the estate and tell you quickly what’s actually required.
Which court handles probate in New York City?
Surrogate’s Court in the borough where the deceased person lived. Manhattan, Brooklyn, Queens, the Bronx, and Staten Island each have their own courthouse. Each one operates a little differently, and we know how each one works.
What if there's no will?
The court appoints an administrator and distributes the estate according to New York’s intestacy laws—meaning assets go to the closest relatives in a specific legal order. The deceased person’s wishes, if they had any, don’t factor in. It’s one of the strongest reasons to have an estate plan in place before it’s ever needed.
Can someone challenge a will in NYC?
Yes. Heirs and potential heirs can file an objection in Surrogate’s Court, usually from motions like undue influence, lack of mental capacity, or improper execution of the document. Will contests slow everything down considerably and are best handled with experienced legal representation.
What does probate cost in New York?
There are court filing fees, which scale with the size of the estate, plus executor commissions and attorney fees. At McAdoo, we charge fixed-rate legal fees so you know what you’re paying upfront, with no hourly billing surprises along the way.
What if I live out of state but need to handle a NYC estate?
You can still serve as executor for a New York estate even if you don’t live here. You may need to post a bond, but it’s very manageable. Having a local New York probate attorney handle the filings and court appearances on your behalf makes the whole thing way easier when you’re not nearby.
The McAdoo Estate Planning Way
We focus exclusively on estate law. That means every person on our team deals with probate and estate matters every single day. We know the Surrogate’s Courts across New York City, we know the timelines, and we know how to avoid the mistakes that cause delays.
We also keep things clear; we don’t believe in making you feel like you need a law degree to understand what’s happening with your own family’s estate. You’ll always know where things stand.
Contact McAdoo Estate Planning Today
If you’re dealing with an estate or just trying to understand what comes next, we’re here to help. A conversation with a New York probate attorney from McAdoo Estate Planning costs you nothing and can save you a lot of time, stress, and money down the road.
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At McAdoo Estate Planning we focus on Estate Planning and we are here to listen to you and help you protect your family and legacy with thorough plans tailored to your unique needs.