Clarity through the procedure
We translate Surrogate's Court procedure and fiduciary duties into plain language, with a written roadmap from petition through distribution.
Practice area · Estate Planning · Probate Administration
Probate & Estate Administration
When someone dies, Surrogate's Court procedure and an executor's fiduciary duties can feel overwhelming at the worst possible time. We guide executors and families through probate and estate administration in New York with clear milestones, disciplined filings, and plain communication — so you can focus on family while the legal scaffolding is handled.
- Discipline
- Estate Planning
- Engagement
- Per matter
- Counsel
- Christopher Moye
Probate Administration
Clarity through the procedure
We translate Surrogate's Court procedure and fiduciary duties into plain language, with a written roadmap from petition through distribution.
The problem
An executor is personally accountable for getting the administration right — usually while grieving and without a roadmap.
New York administration runs on a sequence: determine whether probate is required, qualify the fiduciary, inventory and value the estate, handle creditor notice, then account and distribute. A missed step — distributing before claims are resolved, or skipping required notice — can expose the executor personally. The value is in running the sequence in order.
Principles · 01
How we draft the matter.
Every engagement is composed against these commitments. They shape the protections we add, the questions we ask, and the document that leaves the file.
Protect the fiduciary
Transparent inventory, defensible decisions, and documentation that reduce conflict among heirs and shield the executor from avoidable missteps.
Keep the estate moving
Where the estate allows, streamlined procedures and disciplined filings keep matters advancing — while staying ready if a contest arises.
Close cleanly
We track deadlines, creditor issues, and tax milestones alongside distribution so the estate closes with a clean record.
What we watch · 02
What can break the matter.
These are the terms, structures, and practical risks that usually decide whether the work holds when the file is tested.
EXECUTORFAMILY
Probate vs. non-probate assets
Beneficiary designations, joint ownership, and trusts can bypass probate. We map what belongs in court versus what transfers outside it — especially digital accounts and business interests.
EXECUTORHEIR
Executor duties and liability
Marshaling assets, satisfying valid claims, and accounting to beneficiaries — with the checklists and records that protect the fiduciary personally.
EXECUTOR
Creditor claims and notice
New York's creditor-notice procedures affect timing and distributions. We coordinate notice so distributions are not later unwound.
FAMILYHEIR
Will contests and family dynamics
Even a clear will can draw disagreement under stress. We favor communication and mediation-minded sequencing, escalating only when rights are genuinely at issue.
The work · 03
Four steps. One engagement.
Each step is concrete; each step has a deliverable. The scope is defined, the matter moves, and the file closes.
- 01
Initial assessment
We review the will, death certificate, asset statements, and beneficiary designations to determine whether probate is required and which proceeding fits.
- 02
Inventory and valuation
We help identify estate property — including digital accounts and business interests — and build a court-ready inventory and valuation.
- 03
Creditor workflow
We coordinate notice, evaluate claims, and reserve strategically before distributions to reduce fiduciary risk.
- 04
Filings and milestones
We prepare petitions, accountings where required, and supporting motions so the estate advances without unnecessary delay.
- 05
Distribution and closing
We document distributions, obtain releases where appropriate, and close the estate with a clean paper trail.
Proof
What stands behind the work.
What stands behind the work — credentials and representative engagements, stated plainly.
Probate and administration matters are handled by Christopher Moyé, Esq., who authors the firm's published writing on estate planning and administration.
Surrogate's Court probate and administration, fiduciary representation, inventory and accounting, creditor workflow, and will-contest matters.
We give every fiduciary a written roadmap — petition through distribution — so you always know the next filing and the next deadline.
Common questions
Questions clients ask.
Plain answers to the questions that come up most. If yours is not here, send the facts — we answer in writing.
- Is probate always required when someone dies?
- No. Assets that pass by beneficiary designation, joint ownership, or a trust generally transfer outside probate. Probate is needed to transfer assets the person owned in their own name without a beneficiary. We map which assets fall on each side before any court filing, because that determines whether — and what kind of — proceeding is required.
- What does an executor actually have to do?
- An executor marshals the assets, gives required notices, pays valid debts and taxes, keeps records, and accounts to the beneficiaries before distributing what remains. Because the role carries personal responsibility, we build the documentation habits that protect the fiduciary while meeting the court's expectations.
- How long does probate take in New York?
- A straightforward estate often takes several months to about a year; creditor periods, tax matters, real property, or a will contest extend it. The honest answer depends on the assets and whether anyone objects — we set a realistic timeline at the outset and keep the filings moving.
- What happens if there is no will?
- The estate is administered under New York's intestacy rules, which set who inherits and in what shares, and the court appoints an administrator rather than an executor. The process is similar, but the statute, not the decedent, decides distribution. We handle either path.
- Can an executor be held personally liable?
- Yes. Distributing before valid claims and taxes are resolved, failing to give required notice, or mishandling estate property can create personal exposure. Running the steps in the right order, with documentation, is how a fiduciary stays protected — and what we build the engagement around.
CLEAR PROCESS, COURT-READY DOCUMENTATION
Move the estate forward.
Whether you are weighing whether probate is required or are already appointed as fiduciary, we map the timeline, the risks, and the next filings — so the estate advances and you are protected.
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