Inheritance Lawyers in New York City

"Inheritance lawyer" is an umbrella term. In New York, the work it describes actually splits into several distinct practice areas, each governed by its own statutes and procedures: probate and administration (getting an estate opened), estate accounting (closing it out), estate litigation (fighting over it), and estate planning (setting it up before death). This page is the starting point. It explains how New York inheritance law fits together, points you to the right deeper resource for your specific situation, and tells you when to call the Law Offices of Albert Goodwin.

Nearly every contested inheritance matter in New York is decided in the Surrogate's Court of the county where the decedent lived — New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, and Richmond County (Staten Island), among others. Two statutes govern almost everything that happens there: the Estates, Powers and Trusts Law (EPTL), which sets the substantive rules (who inherits, how trusts work, what a surviving spouse is owed), and the Surrogate's Court Procedure Act (SCPA), which sets the procedure (how to file, how to serve, how to account). Understanding which statute governs your problem is the first step in solving it.

Who Inherits in New York When There Is No Will (Intestacy)

When a New York resident dies without a valid will, the estate passes by "intestate succession" under EPTL 4-1.1. The shares are fixed by statute, not by who needs the money most. The most common distributions are:

• Spouse and children: the surviving spouse receives the first $50,000 plus one-half of the balance; the children share the remaining half equally.
• Spouse, no children: the surviving spouse inherits everything.
• Children, no spouse: the children inherit everything, in equal shares.
• No spouse or children: the estate passes to surviving parents, then to siblings, then to more remote relatives such as nieces, nephews, aunts, uncles, and cousins.

When the heirs are remote relatives, the court often requires a kinship proceeding to prove the family relationship before any money is released. To take charge of an intestate estate, a relative must petition the Surrogate's Court for letters of administration. See our deeper pages on estate administration and what happens when there is no will at all.

The Surviving Spouse's Right of Election

New York does not allow a spouse to be fully disinherited. Under the right of election (EPTL 5-1.1-A), a surviving spouse may claim an "elective share" equal to the greater of $50,000 or one-third of the net estate, even if the will leaves the spouse less. The elective share reaches beyond the probate estate to certain "testamentary substitutes" such as Totten trusts, jointly held accounts, and revocable trusts. The election must generally be made within six months of the issuance of letters and no later than two years after death. Because the deadlines are strict and the calculation is technical, a disinherited spouse should consult a lawyer immediately.

Probate: When There Is a Will

If the decedent left a will, the named executor petitions to have it "admitted to probate" under SCPA Article 14. Once admitted, the court issues letters testamentary empowering the executor to collect assets, pay debts and taxes, and distribute the estate. The distributees (those who would inherit if there were no will) must receive formal notice, and any of them may object. For an estimate of how long this takes in practice, see our sample NYC probate timeline. Many New Yorkers prefer to avoid probate altogether through trusts and beneficiary designations.

Recovering Estate Assets: Discovery and Turnover

When a third party is holding or has taken property that belongs to the estate, the fiduciary can bring a discovery and turnover proceeding under SCPA 2103 and 2104 to compel that person to appear, answer questions under oath, and return the property. These proceedings frequently arise when one relative has emptied a parent's bank account or refuses to relinquish a home. See our detailed pages on discovery and turnover proceedings, a sibling hiding a parent's money, and a relative refusing to leave the inherited house.

Estate and Trust Accounting

Before an estate or trust closes, the executor, administrator, or trustee must account to the beneficiaries — itemizing assets received, income earned, expenses paid, and the proposed distribution, organized into the schedules required by SCPA Article 22. Beneficiaries who believe the fiduciary mismanaged the estate can file objections to the accounting. Learn more on our estate accounting page and our overview of a beneficiary's right to trust information.

Estate Litigation

When inheritance disputes cannot be resolved by agreement, they are litigated in Surrogate's Court. Common matters include:

• Will contests based on lack of capacity, undue influence, fraud, or improper execution.
• Breach of fiduciary duty claims against an executor or trustee, and petitions for removal of an administrator or executor.
• Inheritance disputes among beneficiaries, including conflicts between a beneficiary and the executor.
• Disputes over jointly owned real estate, including partition actions and buyouts of an inherited residence.

Estate Planning and Medicaid Planning

The other side of inheritance work is planning before death. A coordinated New York estate plan can combine a will, revocable or irrevocable trusts, a power of attorney, and a health care proxy. For families concerned about the cost of long-term care, a Medicaid Asset Protection Trust can help preserve assets while protecting eligibility. Families with a disabled beneficiary should review the special needs trust option so an inheritance does not cut off public benefits.

About the Firm

The Law Offices of Albert Goodwin handle inheritance matters throughout New York City and the surrounding counties. Albert Goodwin is admitted to practice in New York and concentrates on probate, estate administration, estate litigation, and estate planning in the Surrogate's Courts of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. You can learn more about Albert Goodwin here.

The firm represents executors and administrators opening estates, beneficiaries enforcing their rights, and family members contesting wills or seeking the return of misappropriated assets. If you need help with an inheritance matter, call 212-233-1233 or email [email protected]. The firm has offices in New York City, Brooklyn, and Queens.

Frequently Asked Questions

Do I need a lawyer to settle an estate in New York?

New York law does not require a lawyer for every estate, but the Surrogate's Court process is procedurally strict, and the fiduciary is personally liable for mistakes. A lawyer becomes practically necessary when the will is contested, when distributees cannot be located, when assets are being hidden, or when beneficiaries object to the accounting. Many Surrogate's Courts will not process certain petitions submitted by a non-attorney fiduciary on behalf of others.

What is intestate succession in New York?

Intestate succession is the statutory scheme under EPTL 4-1.1 that decides who inherits when a person dies without a valid will. A surviving spouse and children divide the estate (the spouse takes $50,000 plus half, the children share the rest); a spouse with no children takes everything; and if there is no spouse or child, the estate passes to parents, then siblings, then more distant relatives.

How long does probate take in New York?

An uncontested probate in a New York City Surrogate's Court commonly takes several months from filing to the issuance of letters, and the full administration — collecting assets, paying debts and taxes, and distributing — often runs nine months to over a year. Contested matters, kinship proceedings, or estate litigation can extend the timeline to several years.

Can a surviving spouse be disinherited in New York?

No. Under the right of election in EPTL 5-1.1-A, a surviving spouse is entitled to claim the greater of $50,000 or one-third of the net estate, regardless of what the will says, as long as the election is filed within the statutory deadline (generally six months after letters are issued).