If you’re reading this page, someone has probably just died, and you’ve been named as the executor or administrator of their estate, or you’re a family member trying to figure out what happens next. The honest answer is that there’s a process, it has a defined shape, and most of it is straightforward once you know what’s coming. The hardest part for most families isn’t the legal complexity – it’s doing this work while also grieving, communicating with relatives, and managing the practical logistics of someone’s death. My job is to handle the legal and tax pieces so you can focus on the rest.

I’m Lawrence Israeloff. I’m an estate attorney and a CPA, and I’ve been guiding families through probate and estate administration across Long Island and the New York City metro for over two decades. The work covers the full range – uncontested estates that move through Surrogate’s Court routinely, contested matters where heirs disagree, complicated estates with business interests or out-of-state property, and the fiduciary income tax work that follows the legal administration.

What probate actually is, in plain language

Probate is the court-supervised process of settling a person’s affairs after they die. In New York, the process happens in the Surrogate’s Court of the county where the person was domiciled at death – Nassau, Suffolk, Queens, Kings, New York County, and so on. Each county’s court has its own particular procedures and pace, but the basic shape is the same.

The process generally involves filing the will (or a petition for letters of administration if there’s no will), publishing notice to creditors, identifying and inventorying the estate’s assets, paying debts and taxes, resolving any disputes that arise, and finally distributing what’s left to the beneficiaries. For an uncomplicated estate, the timeline is typically six months to a year. Estates with disputes, business interests, multi-state property, or significant tax issues take longer – sometimes considerably longer.

Not everything in a person’s estate goes through probate. Assets that pass by beneficiary designation (retirement accounts, life insurance), by joint ownership (jointly held bank accounts, jointly owned real estate), or through a trust pass outside probate by their own rules. A meaningful share of administration work is dealing with these non-probate assets, which often outnumber the probate assets in a typical estate.

What an executor or administrator actually has to do

If you’ve been named as executor in a will (or appointed administrator in an intestate estate), the legal duties are real and the timeline matters. The recurring tasks:

  • Filing with Surrogate’s Court to be formally appointed and issued letters testamentary (executor) or letters of administration (administrator). Until you have these letters, financial institutions and title companies generally can’t deal with you regarding the estate’s assets. The filing requires the original will (if one exists), a death certificate, a list of heirs and their addresses, and a petition prepared according to Surrogate’s Court requirements.
  • Notifying interested parties. Heirs, beneficiaries, and creditors all have rights to notice. Heirs and beneficiaries get formal notice of the proceeding. Creditors get notice through publication in a newspaper, which starts a defined period during which claims must be filed.
  • Identifying and securing assets. This means locating bank and brokerage accounts, retirement accounts, real estate, business interests, vehicles, valuable personal property, and anything else of value. It also means making sure assets don’t deteriorate in the meantime – keeping insurance current on real property, securing valuable items, continuing necessary business operations.
  • Valuing the estate. Each asset needs a date-of-death value, both for distribution purposes and for any required estate tax filings. Some assets are easy (publicly traded securities, bank balances); others require appraisals (real estate, closely-held business interests, art, collectibles).
  • Paying debts and expenses. Funeral expenses, the deceased’s outstanding debts, the costs of administration, and ongoing expenses of estate-owned property all need to be paid in the proper order.
  • Filing tax returns. The deceased’s final personal income tax return is due. The estate may need to file a federal estate tax return (Form 706) if the estate exceeds the federal exemption, and a New York estate tax return if the estate exceeds the lower NY threshold. The estate also files fiduciary income tax returns (Form 1041) for income earned during administration.
  • Distributing what’s left. Once debts, expenses, and taxes are paid and the court is satisfied with the accounting, the executor distributes the remaining assets to the beneficiaries according to the will (or to the heirs according to NY’s intestacy rules if there was no will).
  • Closing the estate. The final step is a formal accounting and discharge from the court, which protects the executor from later claims by beneficiaries.

Where things get complicated

A few situations that turn a routine probate into something more involved:

  • No will (intestacy). When someone dies without a will, NY’s intestacy statute determines who inherits – generally a surviving spouse, children, parents, or more distant relatives in defined order. The court appoints an administrator (often a close relative who petitions for the role) rather than an executor, and the process has additional procedural requirements. Family disputes about who should serve as administrator are common.
  • Will contests. A beneficiary, disinherited heir, or other interested party can challenge the will on grounds like lack of capacity, undue influence, fraud, or improper execution. Contests delay the process substantially and often require litigation. Most contests settle, but the negotiation can take many months.
  • Out-of-state property. Real estate located in another state generally requires ancillary probate in that state, which means a parallel proceeding in the other state’s court. For estates with property in Florida, New Jersey, or other commonly held vacation states, this is a routine but time-consuming addition to the work.
  • Closely-held business interests. When the estate owns a meaningful interest in a private business, the administration involves valuing the interest, keeping the business operating during the process, dealing with buy-sell agreements that may have been triggered by death, and ultimately transferring or liquidating the interest. This is where the CPA-attorney combination matters most – the legal and tax issues are intertwined and often time-sensitive.
  • Estate tax exposure. For estates above the federal exemption ($15 million per person for 2026) or the much lower New York threshold ($7.35 million for 2026), estate tax filings and payments are due nine months from the date of death. Planning the payment, valuing assets defensibly, and pursuing available deductions and credits all happen on a tight timeline.
  • Family conflict. Some of the hardest work in probate isn’t legal at all – it’s managing communications among siblings, half-siblings, second spouses, and children from prior marriages who may not agree about how things should be handled. An attorney can sometimes serve as a neutral channel through which difficult information is communicated, which reduces the risk of disputes that would otherwise consume the estate.

What working with me looks like

A first conversation is usually a thirty-minute call to understand what’s happened, what the family situation looks like, and what immediate steps need to be taken. After that, the work depends on the estate’s complexity. For straightforward estates, the engagement is largely procedural – preparing court filings, handling notice, working through asset transfers, and filing the necessary returns. For more complex situations, the engagement is more involved.

In every case, the executor or administrator is the one with legal authority and ultimate responsibility; my role is to advise on the law, prepare the documents, and handle the technical work, while keeping you informed about decisions only you can make.

For families who want to avoid putting their own loved ones through this same process, the Estate Planning and Wills & Trusts pages cover the planning side of the conversation. Most of the difficulty of probate can be reduced (and some of it eliminated) through thoughtful planning beforehand.

Long Island, NYC, and the surrounding metro

I work out of Melville, NY and represent executors, administrators, trustees, and beneficiaries across Long Island, the five boroughs, Westchester, and the broader New York metro. Each county’s Surrogate’s Court has its own procedures and pace, and local familiarity with the courts and the practitioners genuinely helps the work move efficiently. Useful starting points if you want to read on your own: the New York Surrogate’s Court, the IRS estate and gift tax page, and the American Bar Association’s estate law resources. None of those replace representation tied to the specific estate you’re handling.

Let's talk

If a loved one has recently died and you’ve been named as executor, or if you’re trying to figure out what to do as a family member while administration gets underway, that’s the conversation. Schedule a consultation and we’ll talk through what’s happened and what comes next.

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