Types of Estate & Probate Lawyers in New York

When someone dies, when a will is contested, or when a fiduciary mishandles an estate, people often search for a "lawyer" without knowing which kind of estate attorney they actually need. The label matters less than the procedure your matter falls under. In New York, almost every estate, trust, and inheritance dispute is resolved in Surrogate's Court and governed by two statutes: the Surrogate's Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL). This guide explains the types of estate and probate lawyers a New York family is likely to need, when each one is appropriate, and how the underlying law shapes the process.

We focus only on the areas our firm actually handles — estate administration, probate, will contests, trust disputes, and fiduciary litigation. If your matter falls outside estate law (for example, a divorce or a business contract), the right answer is usually a referral to a lawyer who concentrates in that field, not an estate attorney who dabbles.

Probate Lawyer (When There Is a Will)

A probate lawyer handles the court process of proving a will and putting the named executor in charge. In New York, probate is a proceeding in the Surrogate's Court of the county where the decedent lived. The executor petitions the court under SCPA Article 14, gives notice to the decedent's distributees (the people who would inherit if there were no will, defined in EPTL 4-1.1), and asks the court to admit the will and issue Letters Testamentary.

You need a probate lawyer when there is a will and the estate has assets that pass through the will — typically real property in the decedent's sole name, bank or brokerage accounts with no beneficiary designation, or other solely owned property. Timelines vary by county and by whether anyone objects; an uncontested Manhattan or Brooklyn probate often takes several months, longer if heirs cannot be located or if a citation must be served. Learn more on our pages about letters testamentary and wills.

Estate Administration Lawyer (When There Is No Will)

When a person dies without a will (intestate), there is no executor and no will to admit. Instead, a relative petitions the Surrogate's Court to be appointed administrator under SCPA Article 10 and receives Letters of Administration. New York has a strict statutory order of priority for who may serve — surviving spouse first, then children, then more distant relatives (SCPA 1001). The estate is distributed according to the intestacy rules of EPTL 4-1.1, not according to anyone's wishes.

An administration lawyer is the right choice when there is no will, when the named executor cannot serve, or when relatives disagree over who should be appointed. See our pages on estate administration, letters of administration, and administering an estate without a will.

Will Contest Lawyer

A will contest lawyer represents people who want to challenge a will — or executors defending one. In New York, the grounds for objecting to a will are narrow and statutory: improper execution under EPTL 3-2.1, lack of testamentary capacity, undue influence, fraud, or duress. Objections are filed in the probate proceeding, and the contestant is usually entitled to pre-objection discovery under SCPA 1404, including examination of the attorney who drafted the will and the attesting witnesses.

You need this type of lawyer when a will appears to have been signed by someone who lacked capacity, was pressured by a caretaker or one child, or was prepared under suspicious circumstances. Be aware of in terrorem (no-contest) clauses, which under EPTL 3-3.5 can forfeit a beneficiary's inheritance for challenging the will — though SCPA 1404 discovery and certain other actions are protected. See will contests and inheritance disputes.

Estate Planning Lawyer

An estate planning lawyer works before death to arrange how assets will pass. In New York this includes drafting wills that meet the EPTL 3-2.1 execution formalities, creating revocable and irrevocable trusts, preparing powers of attorney (governed by General Obligations Law § 5-1501) and health care proxies, and planning around the New York estate tax — which, unlike the federal tax, has its own exemption and a notorious "cliff" that can tax the entire estate when it exceeds the threshold by more than 5%. Medicaid planning, with New York's lookback rules, is also part of this work.

This is the right type of lawyer when you are healthy and want to control what happens to your assets, protect a spouse or a child with special needs, or reduce estate tax and probate friction. Explore avoiding probate in New York, living trusts, and advanced estate planning techniques.

Trust and Trustee Dispute Lawyer

Trust litigation is distinct from probate. A trust dispute lawyer represents beneficiaries who suspect a trustee is mismanaging assets, or trustees defending their administration. Beneficiaries in New York have rights to information about the trust and to a formal or informal accounting under SCPA Article 22. The trustee's duties — loyalty, prudence, and impartiality — are defined largely by the EPTL and common law.

You need this lawyer when a trustee won't communicate, won't account, makes self-interested transactions, or fails to invest prudently. See beneficiaries' rights to trust information, breach of trust, and trust matters generally.

Fiduciary Litigation and Breach of Fiduciary Duty Lawyer

Executors, administrators, trustees, and agents under a power of attorney are all fiduciaries. When one of them misuses estate funds, hides assets, self-deals, or refuses to distribute what beneficiaries are owed, a fiduciary litigation lawyer brings the matter before the Surrogate's Court. New York provides specific tools: a discovery and turnover proceeding under SCPA 2103 and 2104 to recover property withheld from the estate, a compulsory accounting under SCPA 2205, and removal of a fiduciary under SCPA 711.

This is the right lawyer when an executor is delaying for personal benefit, a sibling is living rent-free in the estate's house, or someone has taken money that belongs to the estate. See breach of fiduciary duty, discovery and turnover proceedings, removing an administrator, and estate accountings.

Guardianship Lawyer

Guardianship overlaps with estate law when a person can no longer manage their own affairs. New York has two main tracks: Article 81 of the Mental Hygiene Law for adults who have lost capacity, and Article 17 of the SCPA for guardianship of minors and their property. These proceedings frequently arise alongside estate disputes — for example, when an aging parent's accounts are being drained by a caretaker holding a power of attorney.

How to Choose the Right Estate Lawyer in New York

• Match the lawyer to the procedure. A probate matter, a will contest, and a trust accounting are governed by different SCPA articles and call for someone who handles that specific proceeding regularly.
• Confirm Surrogate's Court experience. Estate disputes are litigated in Surrogate's Court, which has its own rules and practices that differ by county — New York County, Kings, Queens, and the surrounding counties each run their calendars differently.
• Understand the fee structure. Some estate work is hourly; some contested matters may be handled on other arrangements. Executor and attorney compensation in estates is also subject to statutory standards (for example, SCPA 2307 governs executor commissions).
• Beware the generalist who claims every specialty. Estate litigation, divorce, immigration, and personal injury are genuinely different fields. A focused estate firm should refer matters outside its concentration rather than handle them casually.

About the Author

This page is maintained by the Law Offices of Albert Goodwin, a New York firm concentrating in estate, probate, trust, and fiduciary matters before the Surrogate's Courts of New York City and the surrounding region. Albert Goodwin is admitted to practice in New York and has handled probate, estate administration, will contests, accountings, and fiduciary litigation throughout the state. You can read more on our about page.

Speak With a New York Estate Lawyer

If you are facing a probate, an estate without a will, a contested will, or a trustee or executor who is not doing the right thing, we can help you identify which proceeding applies and what your options are under New York law. The Law Offices of Albert Goodwin has offices in New York City, Brooklyn, NY, and Queens, NY. Call us at 212-233-1233 or email [email protected].

This page is general information about New York estate law and not legal advice. Every estate is different; consult a qualified attorney about your specific situation.