Probate is not a topic most people consider—until they’re faced with it. The loss of a loved one is emotionally challenging on its own. Navigating the legal and real estate responsibilities that follow can feel daunting and unfamiliar, but that’s where I come in.
My name is Sandra McCarty, Real Estate Probate Specialist and licensed Real Estate Salesperson in the state of New York. I’ve dedicated my practice to supporting families during this difficult time by offering professional guidance in the sale of estate properties. I am well known for my transparency, integrity, and unwavering dedication to my clients, making their journey as smooth and successful as possible.
Whether you are an executor managing the details of an estate, or a family member trying to understand the next steps, I am here to assist you. From referrals to trusted probate attorneys and estate service providers, to overseeing timelines and facilitating the sale of inherited property, my goal is to simplify the process and reduce the burden on your shoulders. If you are currently navigating probate—or preparing for what may lie ahead—know that you do not have to do it alone. I am here to help.
Interested in learning more about probate? Read on!
The Probate Process Explained
What is Probate?
Probate is the legal process that handles the estate of someone who has passed away, but only if they left a written will, also known as a ‘Last Will and Testament’. The Surrogate’s Court in New York is in charge of reviewing the will, ensuring it’s valid, and overseeing how the estate’s assets are distributed according to the decedent’s wishes.
The Probate Process in New York
How does the probate process work in New York? Once the decedent’s will is validated by the Surrogate’s Court, the executor—who is named in the will—takes charge of the estate. They must follow a clear process:
The executor files a petition with the Surrogate’s Court, which grants them the authority to administer the estate. After that, they notify creditors, inventory the assets, pay any debts or taxes owed by the estate, and finally, distribute the remaining assets to the beneficiaries named in the will.
What is the Timeframe for Probate in New York?
- In New York, probate typically takes anywhere from 9 to 18 months for an uncomplicated estate. However, if there are disputes, litigation, tax issues, or complex assets involved, it can take several years to fully administer the estate.
- The court oversees the process to make sure everything is done correctly and that the estate is distributed according to the will and New York law. Once all debts are settled and assets are properly distributed, the court will issue an order to close the estate.
Common Misconceptions About Probate
- Myth: You can wait as long as you want to start probate.
Fact: Delaying the probate process can lead to complications such as unpaid debts, property maintenance issues, and potential legal challenges.
2. Myth: Probate is only for wealthy families.
Fact: Probate depends on asset structure, not wealth.
3. Myth: Probate is the same in every state.
Fact: Probate laws vary by state. Timelines, court requirements, forms, and approvals can look very different depending on where the property is located. What applies in one state may not apply in another.
4. Myth: The executor has full power right away.
Fact: An Executor has no legal authority until the court officially appoints them and issues documents like Letters Testamentary or Letters of Administration.
5. Myth: Probate takes years.
Fact: In New York, simple estates can be settled in months.
For more Probate mythbusters and facts, feel free to follow my social media pages as I dive more into the topic! Links to my socials: Facebook, Instagram, LinkedIn and X.
Resources for Probate
Below are some useful websites for probate:
Announcement
Join me on April 29,2026 for a special Symposium on Probate, Inherited Property & Legacy Planning where we’ll break it all down. I will be a Guest Speaker there.
RSVP here from early to secure your spot : https://bit.ly/3PhL42y
Call to Action
Are you currently dealing with probate? My team and I can assist you with clean outs, removal of household items, estate sale, winterizing, landscaping, home maintenance and any other non-legal tasks that will help to lighten the load as you go through the probate process. Give us a call at 516-300-2427 or send an email to smbizsol@gmail.com
