What is Probate Court in New York City?

The probate court is part of the judicial system that deals with the property and debts left behind after someone dies. Its job is to distribute assets based on the will or state law if no will exists. The court oversees validation of the will, appointment of the executor, inventory of assets, payment of debts and taxes, and distribution of property to the heirs. In New York, the probate court is called the Surrogate’s Court.

Although the New York Surrogate’s Court mostly handles probate, estate administration, and small estates, it also handles:

• Guardianships for children
• Will contests
• Trust contests
• Estate accountings
• Kinship

All of the additional types of cases handled by the probate court relate back to the core role of estate administration. Guardianship appointments help ensure proper care of minors inheriting from the estate. Trusts are connected to assets that form part of the gross estate. Disputes over the validity of a will or the executor’s actions have direct bearing on how the estate is administered.

While the probate court may adjudicate various cases beyond simple asset distribution, these other matters are usually ancillary issues stemming from or connected to estate administration.

Probate law encompasses a wide variety of issues that may arise when someone dies. Although the probate court handles core matters like validating the will and distributing assets, it also adjudicates guardianship, trusts, disputes over executors, and other ancillary issues. With so many complex legal matters potentially in play, it is essential to have an experienced probate attorney.

If you need legal representation, we at the Law Offices of Albert Goodwin are here for you. We are located in Midtown Manhattan in New York City. You can call us at 212-233-1233 or send us an email at [email protected].