Nassau County Surrogate’s Court: Your Guide to Probate

Three Things to Figure Out Before Filing

Here’s something that catches most families off guard: the stress of probate in Nassau County rarely comes from the law itself. It comes from avoidable mistakes in the first week or two. Whether you’re in Mineola, Hempstead, Long Beach, or anywhere else on Long Island, if you take nothing else from this guide, focus on these three priorities.

First, make sure you’re in the right lane. Nassau’s streamlined route—called Voluntary Administration^[1]—is typically for personal property totaling $50,000 or less, with no real estate held solely in the decedent’s name. (This threshold is set by New York law and can change, so always verify before filing.) If there’s a house, a co-op titled only to the deceased, a business interest, or any question about how assets are titled, assume you’ll need a full probate or administration proceeding until you confirm otherwise. Getting into the wrong lane is one of the quickest ways to lose months.

Second, know that Nassau has its own playbook. New York law applies statewide, but how things actually work day-to-day varies by court. The Nassau County Surrogate’s Court has particular expectations for filing packets, common reasons for rejecting paperwork, and workflow quirks you won’t find in a general guide. A missing waiver, incomplete family-tree information, or names that don’t match across documents can mean your filing gets sent back—and that means more waiting, more certified copies, and more questions from family members who just want closure.

Third, match your help to your risk—not your comfort level. Going it alone can work when the estate is genuinely simple: modest value, no real estate, everyone on the same page. But the moment any of these enter the picture—real property, assets in another state, business ownership, creditor pressure, or even a whiff of a will contest—it’s worth getting targeted legal guidance before you file. One wrong submission often costs more than a focused consultation would have.

Everything that follows builds on these three decisions. You’ll find specifics for Nassau County: what the court handles, how timelines typically unfold, where to find official forms on NYCourts.gov, and how to sidestep the delays that trip people up most often.

Should You Handle This Yourself or Hire an Attorney?

Probate isn’t simply “easy” or “hard”—it depends on your risk level. The table below can help you figure out where you stand. You don’t need every category to land in “High” for professional help to make sense; even a single high-risk factor can change the equation.

Here’s how to use this: for each row, pick the column that best describes your estate. If you hit any “High,” the safest bet is usually to get legal guidance before filing. If everything stays “Low,” handling it yourself or getting limited help may be reasonable—though your specific circumstances always matter.

This table lists three factors—complexity, Nassau procedure fit, and what’s at stake—and describes what low, medium, and high risk look like for each to help readers decide whether to self-file or seek legal guidance.

Factor	Low Risk	Medium Risk	High Risk
Complexity	One bank account, no real estate, everyone agrees	Multiple accounts, minor debts or creditors	Real estate, out-of-state assets, business interest, unclear debts, unhappy heirs, or a likely dispute
Nassau procedure fit	You’re using official New York court forms and understand the steps	You get the basics but aren’t sure about notices, waivers, or local expectations	You’re relying on generic templates or guessing about what’s required
What’s at stake	Under $50,000 and no real estate	$50,000–$300,000, modest property or several assets	$300,000+; a home, significant investments, business ownership, or high-conflict family

Here’s an example where one “High” should prompt you to call an attorney: the estate is smallish, but there’s a co-op or house in the decedent’s sole name. Even when the family gets along, real estate typically pushes you into a full proceeding with higher stakes and more ways to get stuck.

And here’s when doing it yourself can work: a parent leaves one checking account under $20,000 to one adult child, there’s no real estate, no disagreements, and you’re using official forms from the New York Unified Court System. That’s a reasonable candidate for Voluntary Administration, assuming you confirm you meet current eligibility requirements.

What Can Go Wrong When Probate Gets Stuck

The decision between filing yourself and hiring help isn’t about whether you’re capable. It’s about whether the estate can handle the risk of delays, rejected paperwork, or conflict. Probate mistakes tend to be quiet at first—they show up as filings “returned for correction,” missing waivers, or requirements you didn’t know existed.

The most common ways estates run into trouble include processing delays from missing attachments or mismatched names, which can set you back weeks or months. Frozen funds create real hardship because, without court-issued Letters, banks typically won’t release assets held solely in the decedent’s name—which can delay paying the mortgage, property taxes, funeral costs, or other pressing bills. Creditor complications arise when debts are unclear or you pay the wrong bills too early, potentially exposing the fiduciary to problems. Real property risks add up quickly: homes need insurance, maintenance, and tax payments, and delays mean higher costs—especially if the property sits empty or a lender starts pressing. Executor issues can stall everything if the nominated person is inactive, overwhelmed, or uncooperative, and in certain situations beneficiaries can ask the court to step in. And perhaps most painful, family conflict often simmers when slow progress and poor communication breed suspicion, particularly in blended families or when the will changed late in life.

The longer things drag on, the more the estate may spend on carrying costs, and the longer heirs wait for what’s theirs. Even when everyone means well, delays can strain relationships.

A few myths worth clearing up. First, “DIY probate is always fast”—in reality, speed depends entirely on whether your packet is complete and notices are handled correctly. Second, “if nobody is fighting, I can’t get into trouble”—even in friendly families, notice rules and creditor-handling requirements can create problems. Third, “any NY probate guide applies to Nassau”—statewide rules matter, but local practice is where self-filings often stumble.

When do these risks become urgent? If you spot warning signs of a contest—disinherited heirs, late-life will changes, a caretaker who’s also a beneficiary, family hostility—or if there’s real estate, business ownership, or creditors pressing hard (tax arrears, foreclosure threats), waiting to “see how it goes” typically makes things more expensive. These situations can escalate into estate litigation, which dramatically increases costs and delays distribution to beneficiaries.

The CLAIM Checklist: Catch Problems Before You File

Before you submit anything, run your situation through the CLAIM framework. It’s designed to surface the issues that most often cause delays, rejections, or disputes—and help you figure out how much help you need.

This table breaks down the CLAIM framework—Contest risk, Local fit, Assets & type, Items & forms, and Money & help—showing what to check for each factor and examples of common risks that can cause delays, rejections, or disputes.

CLAIM Factor	What to Check	Common Risk Examples
C — Contest risk	Are all distributees on the same page? Recent will changes? Strained relationships?	Sibling conflict; caregiver beneficiary; multiple marriages; questions about capacity or undue influence
L — Local fit	Are you following Nassau’s expectations for notices, waivers, and supporting documents?	Packet returned for missing affidavits, wrong waiver format, or incomplete family information
A — Assets & type	Over $50,000? Real estate? Out-of-state property or business interest?	Solely owned real property; joint accounts with unclear ownership; retirement accounts without a beneficiary
I — Items & forms	Do you have originals and certified copies? Are names consistent everywhere?	Missing original will; uncertified death certificate; name variations across documents
M — Money & help	Can the estate absorb delays? Would limited legal review reduce risk?	High-value estate with conflict potential, where a mistake could trigger major delay or litigation

Contest Risk (C)

“Complicated” isn’t just about how many accounts are involved—it’s also about whether anyone might challenge the will or the executor’s actions. Contest risk tends to climb with late-life will changes, a new spouse or partner, a caregiver receiving a large share, unclear language, or a close family member left out entirely. None of these automatically mean a will is invalid, but courts often look at them more closely. If any apply, treat “C” as elevated until a professional says otherwise.

Local Fit (L)

Nassau follows New York law, but local practice matters—how packets are put together, which affidavits are typically required, how waivers should be presented, and how the clerk’s office processes filings. If you’re relying on generic templates, outdated forms, or advice that isn’t Nassau-specific, mark this as medium or high risk. Can you confidently explain which parties need notice or must sign waivers, what you’ll file and in what order, and what Nassau currently requires? Then “L” may be low.

Assets & Type (A)

This is where many families choose the wrong path. Nassau’s Voluntary Administration is generally limited to personal property of $50,000 or less with no solely owned real estate. Once you add a house, co-op, business interest, or out-of-state property, you’re typically looking at a full proceeding. Keep in mind that not everything is a “probate asset”—some accounts pass outside probate through beneficiary designations or joint ownership with right of survivorship. When you’re close to the threshold or unsure how something is titled, that’s exactly when a targeted attorney review pays for itself.

Items & Forms (I)

Nassau filings often stall over basics: an uncertified death certificate, a missing original will, inconsistent names (Robert versus Bob, maiden versus married name), or incomplete family-tree information. If you don’t have key originals and certified documents ready, your “I” score should go up—the court can’t process what it can’t verify.

Money & Help (M)

This factor is about making a smart cost decision, not automatically spending more. Many families do well with limited-scope help—a consultation, a waiver-and-notice plan, or a packet review—rather than full representation, if the estate is genuinely low-conflict and fits the small-estate profile. But when there’s real estate, serious creditor pressure, business ownership, or contest risk, investing in full representation often turns out to be more economical. It can mean fewer rejected filings, fewer trips to the courthouse, and fewer preventable delays.

Nassau Surrogate’s Court: Location and Contact

Always double-check court details before you visit or file—hours and procedures can change without warning.

• Address: 262 Old Country Road, Mineola, NY 11501
• Clerk’s Office Phone: (516) 493-3800
• Surrogate: Hon. Margaret C. Reilly
• Official Court Page: Nassau Surrogate’s Court
• Hours: Confirm on the official page and call during business hours when timing matters

A few smart habits: Cross-check the official court page and any linked announcements. When something affects timing, fees, or how you submit, call to confirm. Have a specific goal when you call—something like, “I want to confirm the correct filing track, current form versions, and how the packet should be submitted.” Document your call with the date, time, department, name of the person you spoke with, and what they told you.

Good questions to ask the clerk’s office (stick to procedural matters): the correct case type, current filing method, required forms and supporting documents, fees and payment methods, whether an appointment is needed, and typical processing time for an uncontested submission. The chief clerk’s office can direct you to the right department if you’re unsure where to start.

Understanding New York’s Surrogate’s Court System

Each county in the State of New York has its own Surrogate’s Court with jurisdiction over estates where the decedent resided or owned property. If you’re reading this guide, you’re likely dealing with Nassau County—but it helps to understand how the broader system works, especially if assets or family members are located elsewhere.

In New York City, each borough has its own Surrogate’s Court: New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, and Richmond County (Staten Island). Surrounding the city, you’ll find separate Surrogate’s Courts in Westchester County, Suffolk County (Nassau’s neighbor to the east on Long Island), and other counties throughout the state. Each operates under the same New York court laws but may have different local practices, forms expectations, and processing timeframes.

Why does this matter? If the decedent owned real property in Suffolk County but resided in Nassau, you may need ancillary proceedings. If beneficiaries live in Brooklyn or the Bronx, notice requirements still apply. And if you’re comparing notes with someone who went through Surrogate’s Court in New York County or Westchester County, keep in mind their experience may not translate directly to Nassau procedures.

Note that Surrogate’s Court is distinct from other courts in the unified court system. Supreme Court handles general civil matters; Family Court addresses custody, support, and certain guardianship matters; and County Court handles other specific matters. Estate and trust matters, including probate, administration, and trust accountings, belong in Surrogate’s Court.

What Kinds of Cases Nassau Surrogate’s Court Handles

Most people will fall into one of these categories. Choosing the right track matters—filing under the wrong type can cause significant delays.

This table compares five Nassau Surrogate’s Court matter types—Probate, Administration, Voluntary Administration, Trust matters, and Guardianship proceedings—showing what each means, an example scenario, and a common filing pitfall for each.

Case Type	What It Means	Best-Fit Example	Common Pitfall
Probate	There’s a will to submit for court validation	House and accounts pass under a clear will, no disputes	Missing a required notice to someone who must be informed—even if they get nothing under the will
Administration	No valid will exists (intestacy), assets in decedent’s name alone	Parent dies without a will; multiple accounts in their sole name	Trying to use “small estate” when the estate doesn’t qualify
Voluntary Administration	Personal property only, generally $50,000 or less, no solely owned real estate	Modest bank account and a vehicle, no house in the sole name	Overlooking an asset that pushes the estate over the limit
Trust matters	Issues involving a trust (administration, accountings, disputes)	Trust accounting questions or trustee dispute	Filing in the wrong court or mixing trust assets with probate assets
Guardianship proceedings	Proceedings involving minors or incapacitated adults	Inheritance for a minor child requiring protective oversight	Missing special notice, hearing, and reporting requirements

A quick way to check your fit: Before you touch any forms, write one sentence: “There is / is not a valid will; assets are / are not in the decedent’s sole name; there is / is not real estate; and total probate personal property is about $___.” That sentence often tells you which track you belong in.

When should you pause and verify jurisdiction? Some issues belong in other courts, and property in multiple states may require additional court proceedings. If there’s property outside New York, a business entity formed elsewhere, or any uncertainty about where a dispute should be heard, get clarity before you file.

When no eligible family member steps forward to administer an estate, the Public Administrator may become involved. This office handles estates where there’s no willing or qualified person to serve as administrator—a situation that can arise with isolated decedents or when family members decline to act.

How Probate Typically Unfolds

Every estate is different, but most follow a similar sequence. Slowdowns usually happen around notices and waivers, missing documents, bond requirements, creditor pressure, or family disagreement.

The process generally starts with preparing and filing the petition package—gathering core documents like the death certificate, will (if there is one), family and distributee information, and the correct petition, then submitting a complete packet. Next comes handling notices and waivers. Interested parties may need to be notified, and waivers or consents may need to be collected. This is one of the most common places where filings get delayed or sent back.

Some estates need to address bond depending on the will’s terms and who’s involved. If bond is required, obtaining it takes time—identify this early. Once everything is in order, the court issues Letters—Letters Testamentary (if there’s a will) or Letters of Administration (if there isn’t). These Letters are what banks and other institutions need before they’ll deal with estate assets.

From there, you marshal and safeguard assets: secure property, confirm account ownership, collect date-of-death values, and build a clear inventory distinguishing probate from non-probate assets. Then you pay debts and handle taxes, addressing legitimate creditor claims and tax obligations. (For reference, New York’s estate tax basic exclusion amount was $6.94 million in 2024^[2]—this figure adjusts periodically, so always confirm the current threshold with the New York Department of Taxation and Finance or a qualified professional.)

Some estates require formal accounting, especially when there’s conflict, minors involved, complex assets, or objections. Once debts, expenses, and required steps are complete, you can distribute assets to beneficiaries. Finally, you close the estate through receipts, releases, and any required formal closing process.

Here’s where CLAIM helps again: If your case starts low-risk but you later discover an unknown asset, an unhappy heir, or a creditor issue, rerun CLAIM before your next major step—especially before distribution. Many fiduciary mistakes happen at the end, not the beginning.

Getting a Sense of Your Timeline

Courts don’t publish guaranteed timelines because so much depends on paperwork quality and how cooperative everyone is. But you can estimate your range by identifying what tends to add time.

Estates typically move faster when you’re using Voluntary Administration (a true small estate), have complete documents, get waiver signatures promptly, and there’s no real estate. They typically move slower when there’s real estate, missing originals, bond requirements, hard-to-locate heirs, creditor pressure, or contest risk.

A planning tip: When you call the clerk, ask for the current typical processing timeframe for an uncontested filing in your track. Build your expectations around that real-time information, keeping in mind that your specific circumstances may cause variation.

Small Estate vs. Full Proceeding: How to Decide

One of the most common—and costly—mistakes is treating an estate as “small” when it actually requires full administration. The practical differences come down to oversight and risk, not just dollar amounts.

This table compares the small-estate (voluntary administration) route to a full proceeding across five factors: assets involved, risk profile, documentation requirements, typical timeline, and the consequences of choosing the wrong track.

Factor	Small Estate / Voluntary Administration	Full Proceeding
Assets	Personal property only; generally simpler transfers	Real estate, complex accounts, business interests, or assets requiring formal authority
Risk profile	Often lower conflict and creditor complexity	Higher risk of disputes, formal notices, and creditor/tax issues
Documents	More streamlined	More formal petitions, notices/waivers, inventories, and sometimes bond
Timeline	Often faster when truly eligible and uncontested	Longer if waivers, service, bond, or disputes arise
Wrong-choice risk	Rejected filing; may have to restart in a full proceeding	Higher legal costs if conflict emerges after a misfile

Close to the threshold? Don’t guess. A single overlooked asset—a refund check, an extra account, a vehicle, a small brokerage account—can disqualify the small-estate route. That’s exactly when a limited-scope attorney review pays for itself.

Situations that almost always mean a full proceeding: anticipated contests, solely owned real estate (including many co-op situations), business ownership, or property in multiple states.

Where to Find Nassau Probate Forms

Start with official sources and stay organized from day one. Use the New York Unified Court System’s forms and guidance: official probate and administration forms.

A forms-finder approach that works: Search by form name and purpose to find the exact petition and supporting forms for your track. Check the revision date on each PDF and use the newest version from the official site. Save proof of what you used—download the PDF and keep a timestamped copy so you can show which version you relied on if questions come up later.

For organizing your packet, create one folder called “Nassau Probate Packet” with subfolders for Forms, Originals, Certified Copies, Assets, and Correspondence. Use a packing list: for each form, note what attachments it requires (death certificate, will, family-tree information, waivers) and check items off only when the actual document is in the folder. Label attachments clearly, keep originals separate from copies, and use consistent file names (like Petition_JonesEstate_2026-02-16.pdf).

Steer clear of unofficial “form finder” sites. Probate forms and requirements change, and outdated paperwork is a common reason packets get rejected.

How to Avoid the Most Common Nassau Probate Delays

Most delays are preventable once you know where the process typically slows down. Here’s what trips people up most often—and what to do about each.

Missing paperwork creates immediate rejection risk. Make certified death certificates and the original will your top priorities. Missing an original? Don’t assume a copy will work the same way—get guidance before filing, as the court may require additional steps to establish a lost or destroyed will.

Document inconsistencies get packets sent back for correction. Names, addresses, and dates need to match across documents or be properly explained. If the decedent used different versions of their name, gather proof early (IDs, prior records) so you can address it cleanly.

Notice and waiver problems stop cases cold. When an interested party must be served or notified, failing to do it correctly can halt everything. Not 100% sure who needs to sign or be notified? Treat that as high-risk under CLAIM.

Bond surprises slow things down because you may need an application, underwriting, and premium payment. Ask early: “Is bond likely in my case, and if so, can it be waived?” The clerk can explain the process; an attorney can advise on strategy.

Contest warning signs call for a pause. If you see red flags—hostile beneficiaries, recent will changes, unclear gifts, or a family member insisting “that’s not what mom wanted”—talk to counsel before filing. Early steps, including how you handle notices and document communications, can affect whether a dispute escalates.

Scheduling and logistics catch the unprepared off guard. Confirm whether appointments are needed, how the court wants packets delivered, and current review times. Keep a written log of every call, visit, and submission so you can follow up efficiently.

Assuming procedures stay the same is risky. Filing methods and administrative practices evolve. Confirm current requirements right before you file, especially if you downloaded forms weeks ago.

Frequently Asked Questions

• How long do Nassau small-estate filings usually take?

  There’s no universal guarantee, but small-estate matters often move faster than full proceedings once the packet is complete. Your best estimate comes from the clerk’s office, since processing times change with volume and staffing. When you call, ask: “For an uncontested voluntary administration packet that’s complete, what’s the typical processing timeframe right now?”

• Can I file a small estate by mail, or do I need to go in person?

  Filing procedures vary by case type and can change over time. Some matters can be submitted by mail; others may require an in-person step at the Old Country Road courthouse. Don’t assume—call the clerk and ask what’s required for your track and whether you need an appointment.

• What are the warning signs of a potential will contest?

  Common red flags include a will signed shortly before death, a major change benefiting one person unexpectedly, a caregiver beneficiary, unclear or unusual instructions, disinherited close family, or relatives already accusing someone of pressure or isolation. These factors don’t necessarily mean a will is invalid, but they often draw extra scrutiny. If any apply, consult an attorney early—your first filings and communications can shape how a conflict plays out.

• Does my estate qualify for voluntary administration?

  Generally, voluntary administration covers personal property totaling roughly $50,000 or less with no solely owned real estate. The key nuance is correctly identifying what’s a probate asset versus a non-probate transfer (like beneficiary designations or certain joint ownership arrangements). Use the comparison table above, run through CLAIM, and confirm current eligibility requirements with the clerk if you’re close to the line.

• What can I do if the executor isn’t cooperating?

  Start by documenting everything: keep a timeline of calls, texts, emails, and what you requested. If deadlines, property carrying costs, or beneficiary needs are being harmed by inactivity, get legal advice promptly. Executor problems can turn a straightforward estate into a court-supervised matter, and the right approach depends heavily on the specific facts and your standing as an interested party.

What a Probate Attorney Can Do for You

Even when an estate isn’t “dramatic,” a skilled probate attorney is often most valuable for precision: getting the filing right, helping prevent conflict, and keeping things moving. The key is matching the level of help to your risk profile.

Limited-scope help makes sense when the estate is truly low-risk. This might mean a one-time consultation, a petition packet review, a waiver-and-notice plan, or answers to specific “How do I file this correctly in Nassau?” questions. It’s a good fit when you want confidence you’re not missing a rule that triggers rejection.

Flat-fee small-estate support offers a common middle ground. Some firms provide a predictable fee to prepare small-estate paperwork, coordinate clerk-facing steps, and reduce rejection risk—without the cost of full representation.

Full representation makes sense when the stakes or conflict are real. Counsel typically handles the petition and supporting filings, notices and waivers, bond issues, creditor strategy, inventory and accounting steps, negotiations among beneficiaries, and courtroom appearances if disputes arise.

What you should expect from any good engagement: clear deliverables (what they’ll file and when), a realistic timeline range (not promises), a communication plan, and a fee structure you understand (flat versus hourly, and what would trigger additional costs).

How this works at NY Wills & Estates: Because the firm focuses exclusively on trusts and estates—rather than general practice—the team can tailor support to your risk profile. That ranges from a targeted packet check for a low-conflict filing to full probate and estate administration representation when there’s real estate, creditor complexity, or meaningful dispute risk. For families with ties to both New York and New Jersey (common in the metro area), the firm’s dual-state licensing helps keep planning and administration consistent when assets or family members span both states, with offices in Manhattan (450 7th Avenue) and Hackensack (15 Warren Street).

How Different Nassau Estates Play Out

Confidentiality limits what law firms can share publicly. The examples below are representative scenarios—details simplified—designed to show how outcomes and timelines can differ based on risk factors and legal involvement. Individual results vary based on specific circumstances.

An efficient small estate (low risk): A spouse files voluntary administration for a modest bank account and a vehicle. With organized documents and no conflict, the filing processes without repeated rejections, and assets transfer smoothly within a few months.

Real property plus disagreement (higher risk): Adult children disagree about a home and uneven inheritances. With counsel, the matter is handled in a way that may reduce escalation—often through structured communication, accurate filings, and negotiated resolution rather than prolonged court battles. The case may still take 12–18 months but could avoid litigation costs that might otherwise have been substantial.

Multi-state assets (complex administration): The decedent owned property in both New York and Florida. The family needs coordinated steps across jurisdictions to gather and transfer assets without triggering delays or improper distributions. Experience with multi-state estates helps avoid filing in the wrong order or missing ancillary probate requirements.

Keeping Up with Nassau Court Procedures

Court procedures can change due to administrative updates, staffing shifts, or statewide policy. Rather than relying on something you heard last year—or read on a generic website—use a simple habit: check the official Nassau Surrogate’s Court page for updates before filing. If your case is ongoing, re-check key requirements before each major submission. When in doubt, call the clerk to confirm procedural items. Keep a dated note in your case file showing what you checked, where, and what it said.

Last updated: 2026-02-16. This is a general-information guide. Confirm current procedures directly with the court before acting.

Your First 90 Minutes: A Step-by-Step Plan

Want to build momentum without creating avoidable problems? Use this time-boxed approach. It’s designed to either get you ready to file correctly or get you ready to talk with a lawyer efficiently and receive clear pricing.

Minutes 0–10: Run the CLAIM scan and mark anything that feels high. If you hit high on contest risk, real estate, or unclear assets, consider pausing the DIY route and getting targeted counsel.

Minutes 10–25: Call the Nassau Surrogate’s Court clerk using the script below. Record the details in one place.

Minutes 25–60: Begin gathering priority originals and draft a one-page asset-and-debt inventory. (This step may take longer depending on how organized the decedent’s records are.)

Minutes 60–90: If CLAIM flags questions, email 2–3 attorneys using the template below and attach key items they need to quote scope and fees.

Your Checklist

• ☐ Identify your lane: Probate vs. Administration vs. Voluntary Administration
• ☐ CLAIM scan completed (C/L/A/I/M marked low/medium/high)
• ☐ Certified death certificate ordered or received
• ☐ Original will located (if applicable)
• ☐ Distributee/heir list drafted (names, addresses, relationships)
• ☐ One-page asset list drafted (probate vs. non-probate noted)
• ☐ Clerk call completed (answers logged)
• ☐ If any high risk: attorney outreach sent with attachments

What to Ask the Clerk

Use this as a procedural guide (not legal strategy). After the call, write one clear log entry.

1. “Can you confirm the correct filing track for my situation: probate, administration, or voluntary administration?”
2. “Is there a specific judge assignment or part I should be aware of for this filing type?”
3. “What’s the current submission method (in person, by mail, or other), and do I need an appointment?”
4. “Which form versions are currently required, and where can I confirm I’m using the latest revision?”
5. “What are the current filing fees and acceptable payment methods?”
6. “For an uncontested, complete packet in this lane, what’s typical processing time right now?”

Sample log entry: Called Nassau Surrogate’s Court on [date] at [time]. Spoke with [name/department]. Confirmed: [track], [submission method], [fees/payment], [forms/revision guidance], [processing timeframe], [other notes].

When should the clerk’s answers prompt an attorney call? You’re told you’re in the wrong lane. You need bond and don’t understand why. You’re not sure who must be notified. A required party isn’t cooperating. You learn a hearing or contested process is likely.

Building Your Asset List

You don’t need perfect appraisals to start. You do need a clean, honest snapshot so you can confirm small-estate eligibility and so a lawyer can quote accurately. Here’s a simple one-page format:

• Cash and bank accounts (solely owned): Bank name, last 4 digits, approximate balance
• Brokerage/investments (solely owned): Firm, approximate value
• Retirement accounts: Type (IRA/401(k)), approximate value, beneficiary listed? yes/no/unknown
• Life insurance: Company, approximate benefit, beneficiary listed? yes/no/unknown
• Real estate/co-op: Address, how titled (sole/joint/trust), approximate value, mortgage balance
• Vehicles: Year/make/model, approximate value
• Business interest: Entity type, state, approximate value if known
• Debts: Mortgage, credit cards, taxes, medical bills (rough list)
• Unclear items: Anything you’re not sure is probate vs. non-probate

Quick valuation shortcuts: Use recent statements, online vehicle value tools, and rough real-estate estimates from public listings. Mark anything uncertain as “approx.” and flag it for review.

Priority documents to collect early: certified death certificate, original will (if applicable), marriage or divorce records where relevant, and deed or co-op ownership documents if property exists.

How to Reach Out to an Attorney

If any CLAIM factor is high, a concise email often gets faster, clearer answers than a long voicemail.

Subject: Nassau probate help request (track confirmation + quote)

Hello [Attorney/Firm Name],

I’m handling an estate in Nassau County and would like an estimate for (a) limited-scope help (consult/document review) and (b) full representation, depending on risk.

Summary:

• Decedent: [initials only], date of death: [date]
• Will: [yes/no/unknown] (if yes: signed [year], original [located/not located])
• Estimated probate assets: $[range]; key assets: [bank/brokerage/house/co-op/etc.]
• Real estate: [yes/no]; titled: [sole/joint/unknown]
• Family/distributees: [spouse/children/other]
• CLAIM concerns: [e.g., possible contest, uncooperative party, unclear asset titling, creditor pressure]

Please let me know your recommended scope, expected timeline range, and fee structure (flat vs. hourly), and what deliverables are included.

Thank you,
[Name]
[Phone]

Helpful attachments: a one-page asset inventory, a copy of the death certificate (if you’re comfortable sharing it), and a redacted will (remove Social Security and account numbers). Don’t have documents yet? Send the summary anyway and note what’s pending.

What to expect: Many firms respond within 48–72 hours with a clear summary. When comparing proposals, focus on clarity of scope, what filings are included, who handles day-to-day communication, and what triggers additional fees.

What to Expect When You Contact NY Wills & Estates

Most reputable probate firms follow a similar approach. You can typically expect a secure way to share documents (upload, portal, or scheduled drop-off), a focused intake covering assets, family tree, and conflict risk, a written scope of representation and fee quote, and service options ranging from limited support to full representation.

What helps you get an accurate quote quickly: your CLAIM results, a one-page asset summary, and confirmation of whether real estate exists and how it’s titled. The more organized your snapshot, the more precise the pricing and timeline guidance.

Service levels—pick what matches your risk:

• Limited document review or strategy consult: Best when the estate is low-conflict but you want to avoid Nassau-specific filing mistakes
• Flat-fee small-estate assistance: Best when you qualify for voluntary administration and want predictable cost
• Full representation: Best when there’s real estate, creditor complexity, unclear assets, or meaningful dispute risk

You should never feel locked into a service level before you understand what it covers. A good firm explains options neutrally so you can choose based on risk and budget.

Important Legal Information

Disclaimer and general information only: This guide provides general information about probate in Nassau County, New York. It’s not legal advice for your specific situation, and no attorney-client relationship is formed by reading this content. Laws, forms, fees, and court procedures can change. Confirm details with the court and a licensed New York trusts and estates attorney before acting.

Attorney advertising: Prior results do not guarantee a similar outcome. This content is designed to provide helpful information to the public.

Corrections: If you spot an error or change in court procedure, verify through the official Nassau Surrogate’s Court page first.

Jurisdictions: This guide covers Nassau County Surrogate’s Court practice in New York. If assets or family members are in other states (including New Jersey), extra steps may be required, and the laws of those jurisdictions may apply to certain assets or issues.

Trusted Resources

• Nassau Surrogate’s Court Home — best for hours, contact info, and local updates
• NY Unified Court System: When Someone Dies — best for statewide explanations and official forms
• Nassau County Bar Association — useful for attorney referral resources

Which to use first: For current procedures, start with the Nassau court page. For forms, use the New York court forms page through the Unified Court System website. For legal counsel, use a reputable referral source and contact multiple firms with the email template above.

Frequently Asked Questions

• How do I know if my Nassau County, New York estate qualifies as a small estate (voluntary administration) based on the $50,000 threshold and no solely owned real estate?

  Start by listing assets that are actually subject to probate—typically, bank accounts and property titled solely in the decedent’s name. Assets that pass by beneficiary designation or joint ownership usually don’t count toward the threshold. If the total probate personal property is generally $50,000 or less with no solely owned real estate, the estate may qualify. Use the CLAIM checklist to flag any uncertainty, then confirm current requirements with the clerk before filing, as thresholds and rules can change.

• What documents and information should I bring when filing an uncontested probate petition in Nassau County Surrogate’s Court?

  Common essentials include the completed petition, the original will (if there is one), a certified death certificate, family and distributee information, and any required waivers or consents from interested parties. Use official forms, verify revision dates, and confirm current Nassau packet expectations with the clerk.

• When should I hire a Nassau County probate attorney based on CLAIM risk factors like contests, multi-state assets, debts, or family conflict?

  If any CLAIM factor is high—especially a likely contest, business ownership, multi-state assets, unclear debts, or complicated family dynamics—legal counsel is usually a wise investment. Not sure? Request written estimates for both limited-scope help and full representation so you can choose based on risk and cost.

• How long does probate typically take in Nassau County, New York, and what factors can delay the timeline?

  Full probate proceedings typically take longer than small-estate filings because they involve formal notices, inventories, creditor claim periods, and often additional steps. Timing depends on court volume, how complete your packet is, whether waivers or service by citation are needed, bond requirements, and whether disputes arise. For small-estate timing specifically, see the earlier FAQ. For full proceedings, the most practical approach is to identify your track, ask the clerk for current processing timeframes, and get professional guidance if any CLAIM factor is medium or high.

• What can executors do now to prevent delays in a Nassau County probate case (documents, asset list, bond, and filing track)?

  Run a quick CLAIM scan, confirm your filing track with the clerk, get certified and original documents early, keep a clean asset list distinguishing probate from non-probate property, and ask early whether bond is likely. When something doesn’t fit the standard pattern—real estate, disputes, unclear assets, creditor pressure—get it reviewed before you submit.

Schedule Your Nassau Probate Consultation

If you’re dealing with a Nassau County estate and even one CLAIM factor feels high, a focused legal conversation can quickly clarify what track you’re in, who must receive notice, what documents are missing, and what you can do now to help prevent months of delay.

Call NY Wills & Estates at 516-518-8586 to take the next step. During a consultation, you can confirm the correct Nassau filing track and discuss the fastest compliant path forward, identify notice and waiver requirements that commonly cause delays, get a clear scope recommendation (limited review vs. flat-fee small-estate help vs. full representation) with transparent pricing, and address related planning issues—such as trust planning or beneficiary designation problems—that often surface during administration.

This is your opportunity to get expert, focused counsel from attorneys who practice estate planning exclusively—so you can move forward with confidence, whether you need a targeted review, full probate support, or planning work to protect what matters most.

 

References & Sources

1. 1

   Benjamin Katz. (2021). The Probate Process is Much Easier for Small Estates. Benjamin Katz, Esq. P.C..

   https://www.benjaminkatzesq.com/blog/probate-and-administration/the-probate-process-is-much-easier-for-small-estates/

   Accessed: 2026-02-16

2. 2

   Landskind & Ricaforte Law Group, P.C.. (n.d.). How New York’s Estate Tax Laws Can Make Inheritance Complicated. Landskind & Ricaforte Law Group, P.C..

   https://www.ricafortelaw.com/library/new-york-s-inheritance-and-estate-tax-laws.cfm

   Accessed: 2026-02-16

3. 3

   New York State Bar Association – NYSBA. (2020). Estates & Surrogate’s Court Assistance. New York State Bar Association – NYSBA.

   https://nysba.org/surrogatescourt/

   Accessed: 2026-02-16

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