New York Surrogate's Court Case Results, by Proceeding Type

This page describes the kinds of matters Albert Goodwin, Esq. handles in the Surrogate's Courts of New York City and Long Island, organized by proceeding type. For each type we set out the procedural obstacle that typically arises, the statute that governs it, how long that stage of the proceeding usually takes, and what the court-set costs are. Where a client has described a matter in a public review, we quote that review and link to the platform where it was posted. We do not add detail to what the client wrote.

Two cautions apply to everything below. First, every reference to a client matter is limited to what the client chose to publish. We do not disclose counties, dates, or amounts the client did not. Second, prior matters do not predict future ones. New York Rules of Professional Conduct 7.1 bars us from implying that past results guarantee anything, and we do not.

For the attorney's background, see the bio page. For a stage-by-stage walk-through of an uncontested estate, see a sample NYC probate timeline. This page does not repeat that material.

Administration Where a Relative Disputes the Surviving Spouse

When a New York domiciliary dies without a will, SCPA 1001 gives the surviving spouse first priority to receive Letters of Administration. A relative who wants control of the estate sometimes attacks that priority by claiming the marriage was invalid or that the spouse is disqualified under EPTL 5-1.2 (divorce, annulment, abandonment, or failure to support). The spouse then has to prove the marriage with a certificate, foreign records if the marriage took place abroad, and sometimes testimony. If the spouse lives outside New York, SCPA 708 requires a designation of the Chief Clerk as agent for service of process, and the court may require a bond.

One client described this situation in a Google review. Her husband died abroad leaving property in New York. A relative challenged her status as his wife. She lived in North Carolina and retained our office to handle the New York estate. She writes that she was ultimately appointed to administer it. (Review by Michele Hines Diaconescu on Google.)

Related pages: Letters of Administration, administrator of an estate without a will.

Estates That Have Stalled

An estate stalls for a small number of reasons: a fiduciary who will not act, a fiduciary who has not accounted, a citation that was never served on every necessary party, or a missing document the clerk flagged months ago. New York law gives an interested person specific tools. SCPA 2102 lets a beneficiary petition to compel the fiduciary to deliver property or supply information. SCPA 2205 lets the court order a compulsory accounting. SCPA 711 lists the grounds for removing a fiduciary, including dishonesty, improvidence, and failure to obey a court order. Which tool fits depends on what is actually blocking the estate, and that is usually the first thing we determine when a new client arrives with an estate another attorney opened.

A client who came to us mid-matter wrote: "During a long, drawn-out estate settlement, I was very fortunate to have Albert Goodwin as my attorney. He is extremely competent, straightforward, and very effective. Prior to Albert's involvement, my case had come to a halt. He moved it along and brought it to a satisfying conclusion." (Review by Russell Kivatisky, Ph.D. on Google.)

Related pages: estate accountings, removing an administrator, breach of fiduciary duty.

Out-of-State Heirs to a New York City Estate

SCPA 205 places venue in the county where the decedent was domiciled, so an heir in another state cannot move the proceeding home. When the decedent left no spouse, children, or parents, a sibling takes under EPTL 4-1.1(a)(5) and has priority for letters under SCPA 1001. The court will want proof that no closer relative exists. That proof usually takes the form of an affidavit of heirship from a disinterested person who knew the family, plus the decedent's death certificate and, where relevant, death certificates for parents. See affidavit of heirship. A nonresident United States citizen may serve as administrator; a non-domiciliary alien may not serve alone under SCPA 707(1)(c).

Most of this work is done by document exchange. The client rarely needs to appear. One out-of-state client whose brother died in New York City wrote: "My case was handled from start to the conclusion with the utmost professionalism and thoroughness. It has been fully resolved to my satisfaction and comparatively quickly." (Review by Sergey Vinokur on Google.) Another wrote: "At all times I had clear understanding of the case status and the steps to be taken next. I consider myself lucky to have hired Mr. Goodwin." (Review by SUVin on Google.)

Related pages: ancillary letters for decedents domiciled elsewhere with New York property, Brooklyn probate.

Trust Beneficiaries Who Have Never Received an Accounting

A trustee owes beneficiaries information about the trust and a periodic accounting. A beneficiary who has received neither can petition under SCPA 2205 to compel an accounting, and the court can then settle that accounting under SCPA 2206 and surcharge the trustee for losses. A long passage of time does not by itself bar the claim. Under Matter of Barabash, 31 NY2d 76 (1972), the limitations period for an accounting does not begin to run until the trustee openly repudiates the trust and the beneficiary knows it. That rule is why decades-old trusts can still be brought before the Surrogate.

One trust beneficiary wrote that his matter had gone unresolved for 24 years before he retained our office, and that he finally received his share. (Review by Lawrence Hawk on Google.)

Related pages: beneficiaries' rights to trust information, breach of trust.

Trustee Commission Disputes

Trustee commissions in New York are set by statute. SCPA 2309 governs trusts created after August 31, 1956 and provides annual commissions calculated on the value of trust principal, plus a commission on principal paid out. SCPA 2308 governs older trusts. Where a trust instrument says nothing about compensation, the statutory schedule controls, and a trustee who takes more is subject to surcharge. Disputes arise because the schedule is tiered, because commissions on principal paid out are easy to double-count, and because a corporate trustee's fee schedule may conflict with the statute.

A client who asked us to review a trustee's commissions wrote: "You analyzed the information I provided from a legal perspective and your experience with trust law provided me with not only commission figures but a comprehensive narrative explaining why and how you came to your conclusions." (Review by Glen Davis on Google.)

Related page: when a bank is the trustee.

Will Contests We Advised Against

Not every unhappy heir has a case. To object to probate a person needs standing under SCPA 1410, which generally means the objector would take more if the will were denied probate. The grounds are narrow: lack of due execution under EPTL 3-2.1, lack of testamentary capacity, undue influence, or fraud. Disliking the result is not a ground. A will may also contain an in terrorem clause under EPTL 3-3.5 that forfeits the objector's gift if the contest fails, though the statute preserves the right to examine the attesting witnesses under SCPA 1404 without triggering the clause.

Because contested probate costs both time and money, we tell prospective clients when we think an objection cannot succeed. Two people who received that advice wrote about it. One: "Mr. Goodwin listened carefully as I read a portion of the will and explained why we couldn't win. I checked with a local judge and Mr. Goodwin was 100% right." Another, from Texas: "He provided important information about my case which avoided me spending thousands of dollars on a dead case." Both reviews are on Avvo.

Related pages: will contests, who is entitled to a copy of the will.

How Long Each Proceeding Type Takes

The following ranges reflect how these proceedings generally move in the New York City and Long Island Surrogate's Courts. They are not promises. A single missing waiver or a clerk's backlog can add months.

• Uncontested probate with signed waivers: Letters Testamentary are commonly issued within a few weeks to a few months of filing, depending on the county's backlog. Full administration then takes at least seven more months, because SCPA 1802 gives creditors seven months from the issuance of letters to present claims and EPTL 11-1.5 permits the fiduciary to wait that long before paying legacies. Most uncontested estates close within roughly nine to eighteen months.
• Probate requiring a citation: If a distributee will not sign a waiver, the court issues a citation with a return date, usually six to ten weeks out. Service on parties abroad takes longer. If anyone appears and requests SCPA 1404 examinations, add several months before objections are even due.
• Contested probate: Once objections are filed, the matter proceeds through discovery like any civil case. A year to two years before trial or settlement is ordinary. See will contests.
• Intestate administration with a clear family tree: Similar to uncontested probate, with the added step of proving heirship. Kings and Queens County clerks often request an affidavit of heirship before issuing letters.
• Kinship proceedings: When the closest heirs are cousins or more remote, the court typically appoints a guardian ad litem under SCPA 403 for unknown distributees and refers the matter to a court attorney-referee for a kinship hearing. Genealogical proof must be assembled from vital records, often from other countries. These matters frequently run well over a year. SCPA 2225 allows the court to presume no other distributees exist after three years of diligent search.
• Compulsory accounting: The petition itself is simple. The time is in the trustee's or executor's compliance, objections to the account, and any surcharge hearing. Six months to several years, depending on how the fiduciary responds.

What These Proceedings Cost

Three cost categories apply to nearly every New York estate. Two are fixed by statute and one is subject to the court's review.

• Court filing fees (SCPA 2402): The fee to file a probate or administration petition is set by the gross value of the estate. As of the current schedule it runs from $45 for estates under $10,000 to $215 for estates between $20,000 and $50,000, $420 for estates between $100,000 and $250,000, $625 for estates between $250,000 and $500,000, and $1,250 for estates of $500,000 or more. A small estate under $50,000 in personal property can use voluntary administration under SCPA Article 13 for a $1 filing fee.
• Executor and administrator commissions (SCPA 2307): The fiduciary is entitled to 5% of the first $100,000 received and paid out, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4,000,000, and 2% above $5,000,000. Commissions are paid from the estate and are taxable income to the fiduciary. Trustee commissions follow the separate schedule in SCPA 2309.
• Attorney fees (SCPA 2110): The Surrogate has authority to fix and determine the attorney's compensation payable from the estate, applying the factors in Matter of Freeman, 34 NY2d 1 (1974) and Matter of Potts, 213 App Div 59 (4th Dept 1925): time spent, difficulty, the size of the estate, the results obtained, and customary fees for similar work. A fee the court finds excessive will be reduced regardless of what the retainer agreement says. We quote our fee structure at the consultation after learning what the matter involves, and the written retainer complies with 22 NYCRR Part 1215.

One estate planning client noted that a fee accommodation was offered in his circumstances. We mention it only because the client did. It is not a standing policy and we do not advertise it as one.

Where These Courts Sit

Venue follows the decedent's domicile under SCPA 205, so the county matters. The courts we appear in most often:

• Kings County (Brooklyn): 2 Johnson Street, Brooklyn. See Brooklyn estate matters.
• New York County (Manhattan): 31 Chambers Street, New York.
• Queens County: 88-11 Sutphin Boulevard, Jamaica.
• Bronx County: 851 Grand Concourse, Bronx.
• Nassau County: 262 Old Country Road, Mineola.

Each court publishes its own checklists and has its own clerk practices. A petition accepted in one county may be rejected in another for a formatting reason. For Long Island appeals, see appealing a Surrogate's Court judgment on Long Island.

Reading the Source Reviews

Every review quoted above is reproduced verbatim from the platform where the client posted it, and we have omitted reviews that do not describe a specific matter. Dates, star ratings, and full text are on the source pages: Google, Avvo, and Yelp. Two additional reviews concern estate planning rather than Surrogate's Court proceedings. One client wrote: "We needed a simple Last Will & Testament. All preparations were thoroughly explained by Mr. Albert Goodwin, who took the necessary time to explain all the information we needed." (Erik B. Christensen, Google.) Another: "In my case the legal work was for a will, health care proxy and power of attorney. He does his legal work in a very effective and sensitive way." (Avvo.) For that work see wills and advance directives.

Discuss Your Matter

If you have a New York estate, trust, or Surrogate's Court problem that resembles one of the proceeding types above, you can contact our office for a consultation. Have the death certificate, any will, and a list of the decedent's closest relatives available. With those three items we can usually tell you which proceeding applies, which county has venue, and what the first filing will cost.