Frequently Asked Questions

Your first step is to contact a New York trusts and estates attorney located in or near the county where your parent lived. They will guide you through the probate process, explain your role as heir or Executor, and provide a quote for the legal work involved.

Because probate in New York is handled at the county level through the local Surrogate's Court, it is important to work with an attorney who is familiar with that specific court's procedures and timeline. An attorney who limits their practice to trusts and estates will be your most efficient first call.

MDKP (Morgenstern DeVoesick Kroll Proukou PLLC) focuses exclusively on trusts and estates matters across New York. When you call MDKP, you reach attorneys who handle these cases every day.

Yes. Out-of-state heirs and Executors can manage most of the New York probate process remotely. Your attorney handles court appearances and filings on your behalf while you participate in decisions and sign documents from wherever you live.

Most required documents can be emailed to you for review. You will print, sign with a wet-ink signature, have the documents notarized locally, and mail them back to your New York attorney. In contested matters, your attorney can request virtual court appearances on your behalf.

The team at MDKP regularly guides out-of-state clients through this process with minimal travel required.

You will need to be appointed as Executor or Administrator of the estate before you can legally sell the property. Once appointed, you can coordinate the sale remotely by assembling a local team of professionals.

That team typically includes a local real estate agent experienced in estate sales, an estate cleanout or moving crew, and if needed, an auction service for personal property. In counties like Monroe County and the surrounding Rochester region, MDKP has established relationships with trusted local vendors, which saves you time and eliminates guesswork when you are coordinating from another state.

Probate timelines in New York vary widely by county. In some counties, you can be appointed Executor within a few weeks of filing. In others, there is a mandatory waiting period of 90 to 180 days before the Surrogate's Court will even respond to your petition.

For example, probate timelines in Monroe County can differ significantly from those in Nassau, Suffolk, or Westchester Counties. An attorney familiar with your parent's county will give you a realistic timeline from day one.

If the estate is uncontested and all interested parties cooperate, the process moves more quickly. Contested estates where family members dispute the will, challenge the Executor, or make competing claims can take considerably longer.

This unpredictability is one of the strongest reasons for families to engage in estate planning before it becomes urgent. Proper planning can dramatically reduce both the timeline and the cost of administration.

In most uncontested cases, no. Out-of-state Executors and heirs rarely need to appear in person. Your New York attorney handles court filings, Surrogate's Court appearances, and local coordination on your behalf.

There may be limited circumstances, such as a heavily contested hearing or signing certain original documents, where an in-person visit is advisable. Your MDKP attorney will let you know if and when that situation arises. For the majority of straightforward estates, the process can be completed entirely remotely.

Family disputes during probate become estate litigation matters handled in Surrogate's Court. Having experienced legal representation in the county where the estate is being administered is critical.

Disputes can arise over the validity of a will, the appointment of an Executor, or the distribution of assets. When conflict is possible or already present, it is especially important to retain an attorney who is a skilled estate litigator, not just a transactional trusts and estates attorney.

MDKP handles both transactional estate matters and contested estate litigation throughout New York, including Monroe County and the greater Rochester area. The earlier you engage counsel when family tension is present, the better positioned you will be.

Attorney fees for New York probate vary based on the size and complexity of the estate, the county where the matter is filed, and whether the estate is contested. MDKP provides fee estimates during an initial consultation.

New York law allows attorneys to charge either a flat fee, an hourly rate, or a statutory percentage fee based on the value of the estate. Understanding which fee structure applies to your matter and what is included is an important early conversation to have with your attorney.

Contact MDKP (Morgenstern DeVoesick Kroll Proukou PLLC) to schedule a consultation and get a clear picture of what to expect.

Not all of a deceased person's assets go through the New York probate process. Assets that pass directly to named beneficiaries or joint owners bypass probate entirely.

Assets that typically bypass probate include life insurance policies with named beneficiaries, retirement accounts such as IRAs and 401(k)s, jointly held real estate, and bank accounts with transfer-on-death or payable-on-death designations.

Assets that typically require probate include solely owned real estate, bank accounts without a beneficiary designation, and personal property held only in the decedent's name.

An MDKP attorney can help you identify which assets are probate assets and which are not, which directly affects how long administration will take and what steps are required.