A client recently came to our office holding a will signed in 1998. Her father had just passed away in his Brooklyn home, and she was named the executor. Her first question wasn’t about assets or inheritance. It was, “What do I do first? The will says I’m in charge, but the bank won’t talk to me.”
This is the moment many families confront the reality of probate. A will, no matter how clearly written, is not a self-executing document. It is a set of instructions for the court. To give those instructions legal force—to empower the executor to pay bills, transfer property, and manage the estate—the will must be validated by the New York Surrogate’s Court. The process of getting that validation is called probate.
That first conversation with an attorney is the beginning of that process. It’s not a sales pitch. It’s a diagnostic meeting to understand the landscape of the estate and chart a course forward.
The Purpose of a Preliminary Discussion
When I meet with a potential executor for the first time, my goal is to answer three primary questions: Is probate necessary? What will the process look like? And what immediate steps must be taken to protect the estate’s assets?
We begin by reviewing the will itself. We look for the fundamental requirements of a valid New York will, as outlined in the Estates, Powers and Trusts Law (EPTL). Was it signed correctly? Were there two witnesses? Is it the original document? Answering these questions at the outset can prevent significant delays later.
From there, we map the family tree and identify the interested parties—beneficiaries, heirs, and anyone who might have a legal basis to contest the will. This is a critical step in fulfilling the executor’s fiduciary duty, which is the legal obligation to act in the best interests of the estate and its beneficiaries. The entire probate proceeding is governed by the Surrogate’s Court Procedure Act, and Article 14 specifically details the petition process, requiring that all necessary parties receive formal notice. Our initial discussion is about identifying who those parties are.
Finally, we conduct a preliminary inventory of the assets. Are there bank accounts, real estate, investment portfolios? Are any assets held jointly or with designated beneficiaries? This information helps us determine the likely scope and duration of the probate process.
What to Ask an Attorney About Probate
An initial consultation is a two-way street. The person named as executor is interviewing us as much as we are assessing the estate. This meeting is your opportunity to determine if a law firm has the experience and approach that fits your family’s needs. I encourage prospective clients to ask direct questions, such as:
- Based on what you see, what potential complications do you anticipate?
- What is the estimated timeline for an estate of this size and complexity?
- How are your legal fees structured—is it a flat fee, hourly, or a percentage of the estate?
- Who at the firm will be my primary point of contact?
- What are the first three things I need to do after our meeting?
The answers to these questions reveal a great deal about an attorney’s experience and their firm’s process. Vague answers about timelines or costs are a red flag. An experienced attorney should be able to provide a clear, if qualified, outline of the road ahead based on the information provided.
What a First Meeting Is Not
Understand what a preliminary probate consultation cannot accomplish. We will not be distributing assets or making final decisions. We cannot provide a precise, to-the-dollar accounting of the estate’s value on day one. The initial meeting is not for settling family disagreements or mediating disputes between beneficiaries.
Instead, think of it as a strategic briefing. The goal is to leave with a clear understanding of your role as a potential fiduciary, the legal process ahead, and the specific actions needed to get started. It is the beginning of a deliberate and orderly transition of a legacy from one generation to the next. Stewardship.
The role of an executor is a significant responsibility. It requires careful attention to legal procedure and a commitment to acting with integrity. The foundation for a smooth administration is laid in that first, crucial meeting.
The first step for a nominated executor is to gather the essential documents—the original will, a certified copy of the death certificate, and a general list of known assets and heirs. To schedule a preliminary review of these documents and map out the probate path for your family, my office can arrange a confidential intake call with our legal team.
