If you are about to open an estate on Long Island, here is the direct answer: the Nassau County Surrogate’s Court charges a graduated filing fee that is set by the value of the estate under New York’s Surrogate’s Court Procedure Act (SCPA) § 2402 — there is no single flat number, and the fee rises in tiers as estate
When a loved one passes away in Long Island, the size and makeup of their estate usually decide whether you can use a streamlined small estate affidavit under SCPA Article 13 or whether you must open a full probate proceeding in the County Surrogate’s Court. In short: if the decedent left $50,000 or less in personal property (with real property
When a loved one dies on Long Island and the named executor needs authority to act before the full probate proceeding concludes, the answer is Preliminary Letters Testamentary under SCPA §1412. These letters grant the person named as executor in the will interim authority to manage and protect the estate while the formal probate petition is still pending in the
For most families on Long Island, an uncontested probate in the Nassau County Surrogate’s Court takes roughly three to six months from the day the petition is filed to the day the executor receives Letters Testamentary and can begin administering the estate. That is the short answer. The longer answer depends on a handful of factors — how quickly you
When someone dies without a will in Long Island, New York law — not the family — decides who inherits the estate. This is called dying “intestate,” and instead of a will naming an executor and beneficiaries, the New York Estates, Powers and Trusts Law (EPTL) supplies a fixed formula for distribution, and the Surrogate’s Court Procedure Act (SCPA) controls
Technically, New York does not require you to hire a lawyer to probate a will in Long Island — an individual named as executor can petition the Surrogate’s Court on their own. In practice, however, almost every Long Island executor benefits from retaining counsel, and in many situations representation is effectively unavoidable. The probate process is governed by the Surrogate’s