The Role of a Probate Attorney in New York: Do You Need One?
The Role of a Probate Attorney in New York: Do You Need One?
Probate in New York can feel overwhelming, especially during a time of loss. The legal process of settling a loved one’s estate involves strict deadlines, court procedures, and detailed documentation. While some individuals attempt to navigate probate on their own, having a probate attorney can make a significant difference in ensuring the estate is handled efficiently and correctly.
At Law Offices of Harjot Singh P.C., we can provide legal assistance to the New York public and help families move through probate with clarity and confidence.
What Does a Probate Attorney Do in New York?
A probate attorney guides the executor or estate administrator through every step of the probate process. Their role often includes:
1. Filing the Necessary Documents
In New York, probate begins with submitting the will and petition to the Surrogate’s Court. A probate attorney prepares and files all required documents, ensuring accuracy and avoiding delays.
2. Representing the Executor in Court
If the court requires hearings—or if anyone contests the will—a probate attorney provides representation and ensures the executor understands their obligations.
3. Locating and Valuing Assets
Real estate, bank accounts, retirement funds, and personal property must be identified and valued. An attorney helps ensure proper accounting for all estate assets.
4. Handling Debts and Taxes
Executors must notify creditors, settle valid debts, and address estate tax requirements. A probate attorney ensures compliance with New York and federal laws.
5. Resolving Disputes
Family conflicts, will contests, or disagreements about distributions can slow probate. A probate attorney helps negotiate resolutions to keep the process moving.
6. Distributing the Estate
Once debts and taxes are resolved, the attorney assists the executor in distributing assets according to the will or New York intestacy laws.
Do You Need a Probate Attorney in New York?
Not every estate legally requires an attorney—but many benefit from one. You may need a probate attorney if:
- The estate is large or includes complex assets
- There are disputes among beneficiaries
- The will is unclear or contested
- The estate owes significant debts
- The executor is unfamiliar with court procedures
New York probate can take several months to over a year. Having a probate attorney can help avoid costly mistakes and streamline the process.
How the Law Offices of Harjot Singh P.C. Can Help
We assist New Yorkers with all aspects of probate, from initial filings to final distributions. Whether you're an executor seeking guidance or a family member with concerns about a loved one’s estate, we provide support to help ensure the process is handled properly.







