New York Probate Lawyer Albert Goodwin

Albert Goodwin, Esq. is a New York probate lawyer who helps executors open estates and settle probate proceedings in a timely and professional matter. We are be able to close and settle estate matters without unneeded expenses and delays.

We are serious about helping loved ones carry out the last wishes of the decedent. We take pride in representing administrators in estate proceedings and executors in probate proceedings.

From the first stages of filing the Petition to the time of the Order discharging the Executor of an estate, we will meticulously follow your estate administration proceeding, helping you to carry out your duties.

If you nominated as an executor of a will, a probate lawyer can do the following:

• Draft a Petition for Probate of the Will, Waivers, Notices, Citations and other necessary documents for your appointment as Executor
• Make sure all the documents and waivers are signed by all appropriate parties
• Deliver all relevant documents to the court, and keep track of the proceeding and make changes or supply additional documents as needed by the court
• Assist and advise you in the probate of the estate including the marshaling of assets and the discharge of liabilities
• Advise you as to post mortem planning alternatives including asset valuation options, disclaimers, elections for tax deferral or exclusions and other tax options
• Review estate tax returns and fiduciary income tax returns to be prepared an accounting firm separately engaged by you to perform such services
• At your option, prepare the final accounting and all related notices, waivers, consents and decrees necessary for the closing of the estate

As a qualified probate lawyer, I will assist you in the inventory, collection, and appraisal of the estate’s assets, advise you which creditors need to be paid and will help you decide how to distribute assets in a way that preserves the estate and benefits the beneficiaries.

This is what people usually ask a probate lawyer:

• How does New York probate work?
• What is the timeline for New York probate?
• What if there is property in more than one State?
• What do I need to do when someone dies?
• More detailed FAQ

After getting to know our firm, call us or meet with us to discuss ways in which we can be of service to you. We can be reached at (212) 233-1233 or 212-233-1233.

We are looking forward to handling your estate probate matter and securing the estate property for generations to come.

The New York County Surrogate's Court

New York probate cases are filed at the New York County Surrogate's Court at 31 Chambers Street in lower Manhattan. The New York County court handles the largest caseload of any borough except Manhattan, and the procedures are well-established and consistent. The court has its own preferences for how filings are organized, and experienced practitioners know what each judge and court attorney expects.

The New York County court has been working through significant case backlogs. Filings prepared with attention to detail clear court review faster than filings with mistakes that need to be corrected. We prepare clean filings the first time, which keeps cases moving efficiently through the court.

The Probate Petition and Supporting Documents

An uncontested New York probate filing typically includes:

• The petition for probate, identifying the decedent, the will, the proposed executor, the family tree, and the assets.
• The original will with codicils if any.
• The original death certificate.
• Affidavits from the will witnesses (unless a self-proving affidavit was attached to the will).
• Waivers and consents from beneficiaries and distributees who agree to the appointment.
• Notice of probate to be served on persons who have not waived.
• The filing fee (which varies based on estate size).
• Form RP-5217 and other tax forms if real estate is involved.

Once filed, the court reviews the petition and either accepts it for processing or returns it with deficiency notices that need to be addressed. Cleanly prepared filings are accepted on the first submission; flawed filings can bounce back two or three times, adding weeks or months to the timeline.

New York Real Estate in Probate

New York has been one of the strongest real estate markets in New York for years. Brownstones, townhouses, condominiums, and co-ops have appreciated substantially. Estates involving New York real estate often involve a single asset worth more than the rest of the estate combined, and that asset has to be marshalled, maintained, and ultimately transferred or sold during the probate.

Specific issues that come up with New York real estate in probate:

• Co-op approval. Co-op boards must approve transfers of shares, which adds a step to estate administration. The board's approval requirements can vary widely.
• Mortgages and HELOCs. Active mortgages must be addressed — paid off, assumed, or refinanced — as part of any transfer.
• Tenancy. Properties with existing tenants require coordination with rent regulation rules, lease terms, and tenant rights.
• Title issues. Older New York deeds sometimes have errors, undischarged mortgages, or other title problems that surface during the estate sale.

We work with title companies, real estate brokers, and accountants familiar with the New York market to handle these issues.

Contested New York Probate

Not every probate is uncontested. New York families sometimes have disagreements about who should serve as executor, whether the will is valid, or how the estate should be distributed. Common contests in our New York practice include:

• Allegations of undue influence by one family member who became close to the decedent late in life.
• Lack of testamentary capacity for wills signed during cognitive decline.
• Improper execution of homemade or non-attorney-prepared wills.
• Disputes about whether a prior will was validly revoked.
• Challenges to specific bequests on grounds of mistake or scrivener's error.

Contested probate moves on a different track than uncontested probate. Examinations under SCPA 1404, formal objections, discovery, motion practice, and ultimately settlement or trial all become possibilities. We handle contested probate work throughout New York and the surrounding boroughs.

Beyond Probate: Related New York Estate Matters

Probate is one piece of estate work. Related matters that our New York clients often need:

• Administration of intestate estates when there is no will.
• Small estate (voluntary) administration when the estate qualifies.
• Accounting proceedings to close estates or to address disputes about the executor's conduct.
• Kinship proceedings when distributees need to be identified and proven.
• Estate planning to avoid probate complications in future generations.

The Executor's Timeline

A typical uncontested New York probate moves through these milestones:

• Weeks 1-2: Initial consultation, gathering of documents, drafting of petition.
• Weeks 3-4: Filing of the petition with the court.
• Weeks 4-12: Court review, processing of waivers and citations.
• Weeks 12-16: Issuance of letters testamentary.
• Months 4-12: Marshalling of assets, payment of debts, filing of tax returns.
• Months 12-18: Distribution to beneficiaries, accounting, closing.

Complex or contested estates take longer. Estates with real estate sales, business interests, or significant tax issues can extend the timeline considerably. We set expectations realistically at the start of each engagement.

Talk to a New York Probate Attorney

If a family member has died and you need help with the probate process, contact the Law Offices of Albert Goodwin at 212-233-1233 or by email at [email protected]. We handle probate work throughout New York and the surrounding boroughs, including contested probate and complex estate matters.