4.9 from 16+ Google reviews
(516) 391-0389
Nassau & Suffolk Surrogate’s Court

Probate and Estate Administration on Long Island

If someone in your family has died, you are being asked to make decisions you have never made before. Here is what happens next, in order.

  • Filing in Nassau Surrogate’s Court in Mineola or Suffolk Surrogate’s Court in Riverhead
  • Probate where there is a will, administration where there is not
  • Guidance for executors and administrators on what you are required to do
Call (516) 391-0389
Jason R. Breit, Esq., P.C.

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Confidential. Contacting us does not create an attorney client relationship.
4.9 from 16+ Google reviews Melville office, serving Nassau and Suffolk Attorney and Financial Advisor Admitted in New York since 2007
What happens

The order things happen in

Nothing here needs to be done today. Most of it has weeks of runway, and knowing the sequence tends to make it feel smaller.

Find out whether court is needed at all

Not every estate requires a full probate. Assets held jointly, accounts with a named beneficiary, and property in a trust generally pass outside the process. Depending on what the person owned and how it was titled, a smaller estate may qualify for a simplified proceeding. The first thing we do is work out which category you are in.

Locate the will and identify who must be notified

If there is a will, the named executor petitions the court. If there is no will, a close relative petitions to be appointed administrator instead. Either way New York requires that certain relatives be given notice, and getting that list right early avoids delays later.

Petition the Surrogate’s Court

The petition is filed in the county where the person lived. For Nassau that is the Surrogate’s Court in Mineola. For Suffolk it is Riverhead. We prepare and submit the petition to open probate and obtain Letters Testamentary, or Letters of Administration where there was no will. Those letters are what give you legal authority to act.

Collect assets, settle debts, then distribute

We locate, identify and secure the estate assets, including accounts that get overlooked, and help you open and manage an estate account to pay outstanding expenses. We coordinate with tax professionals so the required returns are filed accurately and on time. Distribution to the heirs is the final stage, once debts and taxes are settled.

If you are the executor

What is actually being asked of you

Being named executor is a legal role with duties attached. Most people accept it without being told what it involves.

You answer to the beneficiaries

An executor owes a fiduciary duty. Acting in good faith is not quite the same as acting correctly, and the difference matters if anyone objects.

Order of payment matters

Debts and taxes come before beneficiaries, in a statutory order. Paying the wrong person first can leave you personally exposed.

You have to account for it

You are expected to keep records of everything that came in and everything that went out, and to be able to show them.

You can decline

Nobody is required to serve. If you do not want the role, there is a process for renouncing it and letting someone else be appointed.

Why Jason R. Breit

Why families call us for this

Handled with care

Clients who came to us after losing someone told us the compassion and the attention to detail mattered as much as the filings.

Fees in writing

Agreed before work starts, so you are not managing an unknown legal bill on top of everything else.

You are told what to expect

What has to happen, roughly how long each stage takes, and what you personally need to do next.

We handle the court

The petition, the notices, and the correspondence with Surrogate’s Court are ours to deal with, not yours.

Client reviews
4.9 ★★★★★
16+ Google reviews
“My parents recently decided it was time to create their estate plan, and we are so glad they chose Jason. He explained everything clearly, step by step, and made the entire process easy to understand. He also took the time to explain to my siblings and me how our future inheritance will be protected, which gave our whole family peace of mind.”
TTaleisha F.
Google review
“My husband and I knew we needed a will after having our first child, but we had no idea where to start. The team made everything easy to understand and helped us think through decisions we had not even considered, like guardianship and protecting our children. We never felt rushed, and every question was answered with patience.”
BBryanna K.
Google review
“After losing a family member, the last thing we wanted was to feel overwhelmed by legal matters. This firm handled our probate needs with compassion and attention to detail. We truly appreciated their support.”
VVictoria J.
Google review
“I wanted to protect myself and my family but knew nothing about trusts. Mr Breit explained everything in plain language, he was thorough and patient without making me feel rushed.”
SStacy
Google review
“One thing I really appreciated was how transparent they were. The fees were agreed to in writing before any work started, so I never had to worry about surprise bills whenever I called with questions.”
MMichael J.
Google review
“We are so thankful we found a firm that truly understands planning for families with special needs. It is comforting to know our loved one with special needs has a plan in place for the future.”
SSade D.
Google review
“We first completed our estate plan a few years ago and recently went back because our family situation changed. They reviewed everything with us and made updating our plan incredibly easy. It is comforting knowing we have a law firm we can continue to rely on instead of starting over somewhere else every few years.”
GGift M.
Google review
“Jason and Sarah are very professional and work in a timely and efficient manner. Jason is well versed in his area of expertise, and he takes the time to listen to your needs and explain legalese in layman’s terms. He also had good ideas we had not thought of. Highly recommended.”
RRick F.
Google review
“I was not sure where to start with estate planning, but the team made the process much less intimidating than I expected. They were professional, responsive, and incredibly thorough. I especially like that they encourage clients to come back for plan reviews as life changes.”
AAleah J.
Google review
“I was referred to this firm by someone I trust, and now I understand why they spoke so highly of them. The entire experience was exceptional. Jason and Sarah kept me updated throughout the process. They were knowledgeable, caring, and truly committed to helping families protect what matters most.”
SShelby D.
Google review
“Jason took the time to really help me understand the purpose of creating an estate plan and why it matters. Thanks to him, I now have peace of mind knowing my family will be taken care of.”
LLiz
Google review
“Everyone in the office made me feel like I mattered. I never felt like I was just another appointment on the calendar. You can tell they care about building relationships with their clients, and that is not something you find often anymore.”
TTatiana S.
Google review
“Jason and his team did an unbelievable job with my family estate planning. I highly recommend him. Courteous, professional, diligent and timely.”
JJessica K.
Google review
“Guy knows what he is talking about. He gets back to you quickly with answers.”
RRobert N.
Google review

Prior results do not guarantee a similar outcome. Every matter is different and the outcome of any particular matter depends on its own facts.

Jason R. Breit, Esq.
Meet your attorney

Jason R. Breit, Esq.

Jason built this practice around a view he formed early: a lot of legal work is either set up to escalate a fight or is purely transactional, and neither one serves a family trying to make a decision.

So the process here starts with education. Clients get walked through what they own, who depends on them, and what the law would do by default if nothing were in place. From there they choose. The point is not to produce documents. It is to make sure the documents work when the family needs them.

Alongside the law practice Jason works as a Financial Advisor, which means beneficiary designations, account titling, and the tax side get considered in the same conversation instead of being left to someone else.

  • Admitted in New York, 2007
  • J.D., Roger Williams School of Law
  • MBA, Dowling College Townsend School of Business
  • B.A., Hamilton College
  • RICP, Retirement Income Certified Professional
  • CLTC, Certified in Long Term Care
Common questions

Probate questions

Not always. Assets that were held jointly, accounts with a named beneficiary, and anything already in a trust generally pass without a court proceeding. If what is left is modest, a simplified small estate proceeding may be available instead of full probate. Working out which of these applies is usually the first thing we do, and sometimes the answer is that you need very little from us.
Then it is called administration rather than probate. A close relative petitions the Surrogate’s Court to be appointed administrator, and New York’s intestacy rules determine who inherits, in a fixed statutory order. The process is similar, but who is entitled to act and who is entitled to inherit is set by law rather than by the deceased.
Most probate matters take between six and sixteen months to complete, depending on the court’s schedule and the complexity of the estate. A straightforward estate sits at the lower end of that. Real property that has to be sold, relatives who are difficult to locate, or anyone objecting will push it toward the upper end or beyond it.
The Surrogate’s Court for the county where the person was living when they died. For Nassau County that is Mineola. For Suffolk County that is Riverhead. It is based on their residence, not on where you live or where the property is.
Do not rush to close accounts or distribute anything. Secure the property, locate the will if there is one, and get a sense of what was owned and how it was titled. Then call. The free consultation will tell you whether you need a full probate, a simplified proceeding, or nothing at all.
In the ordinary case reasonable legal fees for administering an estate are paid out of the estate itself rather than out of your own pocket, which surprises most executors and is usually the first thing worth knowing. What the work costs depends on the estate: whether there is real property to sell, whether every distributee can be located, whether anyone objects, and whether a full probate is needed at all rather than a simpler proceeding. The first consultation is free, and the fee is agreed in writing before any work begins, so you are not managing an unknown legal bill on top of everything else.
The office

Melville, minutes from the Nassau line

Jason R. Breit, Esq., P.C.

48 South Service Road, Suite 400
Melville, New York 11747
Monday to Friday, 9am to 5pm
Saturday, 9am to 2pm
Sunday, closed

You do not have to work out the order of this yourself

One call and you will know whether court is even required, what has to happen first, and what it involves. No cost and no obligation.

Call (516) 391-0389
Melville office, serving Nassau and Suffolk
Call (516) 391-0389