Bronx Probate Attorney

Probate is the legal process by which a deceased person’s assets are collected, debts are paid, and property is distributed to heirs. While often misunderstood, probate plays a crucial role in settling an estate. However, it can also be time-consuming, costly, and stressful—especially without proper planning. At Cavallo & Cavallo, our Bronx probate attorneys help families navigate probate with care, efficiency, and confidence, whether you’re administering a loved one’s estate or seeking to avoid probate altogether.

What Is Probate?

Probate is a court-supervised process that takes place after someone dies with a will. If there is no will, a similar process called “estate administration” occurs under New York’s intestacy laws. The goal is to ensure that the deceased person’s debts are paid and remaining assets are legally transferred to the right beneficiaries.

Key steps in the probate process include:

• Filing the will and petition with the Surrogate’s Court
• Appointing an executor (or administrator if no will exists)
• Notifying heirs, beneficiaries, and creditors
• Collecting and valuing estate assets
• Paying debts, taxes, and expenses
• Distributing remaining assets to beneficiaries

Cavallo & Cavallo assists executors and families at every stage of this process, helping to avoid delays and disputes.

When Is Probate Required in New York?

Probate is required in New York when a person dies owning assets in their name alone that do not pass automatically to someone else. Common assets that require probate include:

• Solely owned bank or brokerage accounts
• Real estate titled only in the decedent’s name
• Vehicles or personal property without joint ownership or a named beneficiary
• Business interests or shares in private companies

Assets that typically bypass probate include:

• Jointly owned property with rights of survivorship
• Retirement accounts with named beneficiaries
• Life insurance policies with named beneficiaries
• Assets held in a living trust

We review each client’s estate to determine which assets are subject to probate and which are not.

The Role of the Executor

If the deceased left a valid will, it typically names an executor who is responsible for managing the probate process. If no will exists, the court appoints an administrator (often a close family member) to serve the same function.

An executor’s responsibilities include:

• Gathering and safeguarding estate assets
• Obtaining appraisals or valuations
• Paying final bills, taxes, and funeral expenses
• Filing court documents and reports
• Communicating with beneficiaries
• Distributing assets according to the will or law

Executors have a legal duty to act in the best interests of the estate and its beneficiaries. We guide and support executors to fulfill their duties properly and avoid liability.

Common Probate Issues

While some probate cases proceed without issues, others may involve complications that require legal intervention or litigation. These may include:

• Will contests or claims of undue influence
• Disputes over asset ownership or distribution
• Missing or outdated estate planning documents
• Claims by creditors or unpaid debts
• Family conflicts or challenges to executor authority

At Cavallo & Cavallo, we handle both routine and contested probate cases and work to resolve conflicts through negotiation or Surrogate’s Court proceedings when needed.

How Long Does Probate Take?

The duration of probate depends on the complexity of the estate, whether there are disputes, and how efficiently the process is managed. In general:

• Simple estates may be settled in 6–9 months
• More complex estates or contested matters may take 1–2 years or more

Delays can occur due to court backlogs, hard-to-locate assets, or disagreements among heirs. Our experienced legal team helps keep your case moving forward with minimal disruption.

Probate and Estate Taxes

Most estates in New York are not subject to estate taxes unless they exceed the state or federal exemption amounts. However, probate may involve other tax considerations:

• Filing the decedent’s final income tax return
• Filing estate income tax returns if assets earn income during administration
• Addressing capital gains tax issues for inherited property
• Coordinating tax payments from the estate

We work with tax professionals and accountants to ensure all filings are accurate and submitted on time.

Avoiding Probate Through Planning

Many clients wish to avoid probate to save time, reduce costs, and maintain privacy. While probate is not inherently bad, it can be avoided or minimized through proactive estate planning.

Strategies to avoid or reduce probate include:

• Creating a revocable living trust and transferring assets into the trust
• Using joint ownership with rights of survivorship
• Naming beneficiaries on retirement and investment accounts
• Adding transfer-on-death (TOD) or payable-on-death (POD) designations to bank and brokerage accounts
• Titling real estate appropriately or using a trust or life estate deed

We help clients in the Bronx structure their estates to reduce probate exposure and make transitions easier for loved ones.

Small Estate Proceedings in New York

If the total value of a person’s estate is under $50,000 (not including real estate), you may be able to use New York’s Voluntary Administration process—also known as small estate or simplified probate.

This process involves:

• Filing a small estate affidavit in Surrogate’s Court
• Avoiding full probate proceedings
• Reducing legal fees and court requirements

Cavallo & Cavallo helps determine if you qualify for a simplified process and ensures all necessary paperwork is filed correctly.

Frequently Asked Questions About Probate

What happens if someone dies without a will?
New York’s intestacy laws determine who inherits the estate, typically starting with the spouse and children. The court will appoint an administrator to manage the estate.

How much does probate cost?
Costs include court filing fees, attorney fees, accounting fees, and potentially executor commissions. These costs vary based on the estate’s size and complexity.

Can probate be avoided if there is a will?
No. Having a will still requires probate if assets are solely owned. A trust is needed to bypass probate.

What if someone challenges the will?
If an interested party contests the will’s validity, probate may be delayed or involve litigation. We represent both executors and beneficiaries in will contests and probate disputes.

Is there a deadline to start probate in New York?
There is no strict deadline, but delays can lead to complications. It’s best to begin the process as soon as possible after death.

Who can serve as an executor?
Any competent adult who is not a convicted felon can serve. The court gives preference to the person named in the will, but others may be appointed if that person is unavailable.

Serving Throughout The Bronx

• Riverdale
• Spuyten Duyvil
• Pelham Bay
• Morris Park
• Throggs Neck
• Kingsbridge
• Woodlawn
• Parkchester
• Bedford Park
• Fordham

How Cavallo & Cavallo Can Help

At Cavallo & Cavallo, we’ve guided Bronx families through probate and estate administration for over 30 years. We take the time to explain the process, ease the stress, and ensure everything is handled correctly—so you can focus on your family and healing.

Our probate services include:

• Filing probate petitions and legal documents
• Advising and supporting executors and administrators
• Resolving disputes among beneficiaries or heirs
• Managing accounting, asset valuation, and distributions
• Assisting with creditor claims and tax filings
• Exploring probate avoidance strategies for future planning

We bring clarity, compassion, and professionalism to every estate we handle.

Talk to a Bronx Probate Attorney Today

Whether you’re navigating probate after the death of a loved one or planning ahead to avoid it, the right legal support makes all the difference. Contact Cavallo & Cavallo today to speak with an experienced Bronx probate lawyer and take the next step with confidence and care.