Westchester Probate Attorney

Probate is the court-supervised process that takes place after someone dies to validate their Will, pay off debts, and distribute assets to heirs. While necessary in many cases, probate can be time-consuming, public, and emotionally stressful—especially without proper planning. At Cavallo & Cavallo, our Westchester probate attorneys help families in NY navigate probate with clarity, compassion, and experienced legal guidance.

What Is Probate?

Probate is the legal procedure that proves the validity of a Will and authorizes the executor to carry out the decedent’s wishes. If no Will exists, the process is known as estate administration, and New York’s intestacy laws determine who inherits.

The probate process typically involves:

• Filing the Will in Surrogate’s Court
• Appointing an executor or administrator
• Notifying heirs and creditors
• Identifying and valuing estate assets
• Paying debts, taxes, and expenses
• Distributing remaining property to beneficiaries

With the right legal support, probate can move forward efficiently and with minimal complications.

When Is Probate Required in New York?

Probate is required when a person dies with assets solely in their name and no designated beneficiary or co-owner. These include:

• Solely owned real estate
• Bank or brokerage accounts without a joint owner
• Vehicles or valuable personal property
• Business interests

Assets that typically bypass probate:

• Jointly held accounts with rights of survivorship
• Life insurance policies with a named beneficiary
• Retirement accounts (401(k), IRA) with a beneficiary
• Assets in a revocable living trust

We assess your loved one’s estate to determine whether probate is necessary and explore simplified options when possible.

The Executor’s Role in Probate

The executor, named in the Will, is responsible for managing the probate process. If no Will exists, the court appoints an administrator—usually a close family member—to serve the same role.

Duties of the executor include:

• Locating and securing all estate assets
• Notifying heirs, beneficiaries, and government agencies
• Paying final bills and resolving debts
• Filing tax returns and paying estate taxes if due
• Distributing assets as directed by the Will or law
• Keeping accurate records and providing reports

We guide executors through each step, ensuring compliance with New York law and protecting them from personal liability.

Challenges That Can Arise During Probate

Even with a valid Will, probate can involve unexpected issues. We help resolve common complications, such as:

• Will contests and beneficiary disputes
• Missing or outdated estate planning documents
• Unclear asset ownership or title issues
• Creditor claims and unresolved debts
• Family disagreements over inheritance or executor authority

We work to settle these matters as quickly and amicably as possible, and we’re prepared to represent you in Surrogate’s Court if necessary.

How Long Does Probate Take?

The duration of probate varies depending on the complexity of the estate and whether disputes arise. In general:

• Simple, uncontested estates: 6–9 months
• Larger or contested estates: 12–24 months or more

Factors that may delay probate include real estate sales, business valuations, uncooperative heirs, or missing documents. Our goal is to minimize delays and keep the process moving forward efficiently.

Probate and Taxes

While most estates in Westchester are not subject to federal or state estate taxes, probate often involves other tax considerations, including:

• Filing a final personal income tax return
• Filing estate income tax returns for income generated during administration
• Managing capital gains on sold assets
• Calculating and paying estate taxes if the estate exceeds exemption limits

We work closely with accountants and financial advisors to ensure accurate and timely tax filings.

Avoiding Probate with Advance Planning

While probate can’t always be avoided, many families plan ahead to minimize the need for court involvement. Strategies to reduce probate include:

• Creating a revocable living trust
• Holding assets in joint ownership
• Naming beneficiaries on financial accounts and policies
• Using payable-on-death (POD) or transfer-on-death (TOD) designations
• Funding trusts to handle property and real estate

We help Westchester clients build estate plans that streamline administration and avoid unnecessary delays.

Small Estate Proceedings in New York

If the total value of the estate is under $50,000 (not including real estate), you may qualify for a Voluntary Administration, also known as small estate probate. This simplified process can save time, court costs, and paperwork.

We assist with determining eligibility and preparing the necessary documents for small estate cases.

Frequently Asked Questions About Probate

Is probate always required if there is a Will?
Yes, in most cases. Even with a Will, probate is necessary unless all assets are held jointly or in a trust.

Can probate be avoided?
Yes, through careful planning. Trusts, beneficiary designations, and joint ownership are commonly used to avoid probate.

How much does probate cost?
Costs include court fees, legal fees, and potentially accounting or appraisal fees. These depend on the estate’s size and complexity.

What if someone challenges the Will?
Will contests can delay probate and may lead to litigation. We represent executors and beneficiaries in resolving these disputes.

What if the deceased didn’t leave a Will?
The estate goes through administration. New York’s intestacy laws will determine who inherits.

Can the executor be held personally liable?
Yes, if they act negligently or violate their duties. We help protect executors from liability by ensuring they fulfill all legal responsibilities.

Serving Throughout Westchester, NY

• Scarsdale
• Bronxville
• Larchmont
• Rye
• Chappaqua
• Pelham
• Armonk
• Mamaroneck
• Dobbs Ferry
• Tarrytown

How Cavallo & Cavallo Can Help

With decades of experience in Westchester Surrogate’s Court, Cavallo & Cavallo helps families through the probate process with sensitivity and skill. We support executors, administrators, and beneficiaries through every stage of administration.

Our probate services include:

• Filing petitions and court documents
• Assisting with asset identification and valuation
• Handling tax and creditor issues
• Resolving family or beneficiary disputes
• Guiding executors in managing estate affairs
• Exploring probate avoidance options for future planning

We simplify the process, reduce the burden, and work to close the estate efficiently and respectfully.

Speak With a Westchester Probate Attorney

If you’ve lost a loved one and need help handling their estate, or if you want to avoid probate through planning, we’re here for you. Contact Cavallo & Cavallo to speak with a Westchester probate attorney who can guide you every step of the way.