Weinstein & Randisi
Toll free:800-768-1780

Resize the Content Text

What are some typical probate issues in New York?

In New York State, the Surrogate's Courts are tasked with handling disputes involving probate litigation. There are a variety of issues that can arise after a person's death. For example, family members may contest the legitimacy or intentions of a decedent's will. There may also be a need to determine who should be named as the executor and given the authority to administer the decedent's estate. The Surrogate's Courts might also examine evidence or testimony regarding individuals accused of breaching their fiduciary duties.

When a person dies in New York without first having formed a will they are considered "intestate." Basically, that means that the Surrogate's Court will automatically become the venue for deciding how that decedent's estate should be distributed. Generally, the court will see that someone is put in charge of paying off the decedent's debts, identifying potential heirs to the decedent's estate and make an accounting of how those funds are distributed.

If you are currently considering estate planning, then you are already on the right track to avoiding potential probate litigation for your relatives and loved ones. Taking the time now to put together a sound estate plan can prevent future squabbles over assets and eliminate potential challenges to the validity of your will.

Your New York estate planning attorney can assist you in developing a probate resistant will. Your attorney can also help you draft your will so that the guardianship of your children will be entrusted to individuals you designate.

No one looks forward to the day that he or she is no longer able to make important decisions affecting the future of those who matter most. However, taking the now time to complete your estate planning can ensure that your final wishes are not left to the interpretation of the Surrogate's Court.

Source: New York Life, "How the probate system works" accessed Feb. 10, 2015

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Blog Feed


  • March 21, 2019

    Single New Yorkers need a well-crafted estate plan too

    For single residents of New York, drafting estate planning documents might not be high on their list of priorities. While they might feel justified in avoiding the subject of the inevitability of the end of life and what will...

    View Post
  • March 15, 2019

    Changes in life require changes to an estate plan

    New York residents who believe they have fulfilled the need to have an estate plan and simply leave the document as is without changing it are often making a mistake. With the inevitable changes in life, there are times...

    View Post
  • March 13, 2019

    Estate planning steps parents should consider after divorce

    There are several estate planning changes you should consider after divorce whether you are a parent or not. These considerations can include updating your health care proxy, financial power of attorney, will, trust and beneficiary designations. The people you select...

    View Post
Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map


Call us now for a free, 100% confidential consultation: