Estate Planning in Uncertain Times: What New Yorkers Need to Know
Like many others, we’re working remotely and practicing social distancing during the COVID-19 pandemic. This crisis has affected nearly every aspect of our lives—including the legal system.
One thing that’s become abundantly clear is the importance of estate planning, especially in times of uncertainty.
1. New York Surrogate’s Court Is Essentially Closed
In New York State, most courts—including the Surrogate’s Court, which handles estate matters like probate—are currently only accepting emergency applications. This means that if a loved one passes away and you need to probate their will, you might face long delays.
Even in normal times, the probate process in New York can take a month or more. With the courts backed up, we expect significant delays once they reopen and begin handling the backlog. This can be a real problem for families needing access to assets or clarity about their loved one’s wishes.
2. Trust-Based Planning Can Help You Avoid Probate
To avoid these delays, we often recommend trust-based estate planning. A living trust is a private document that allows for the efficient transfer of assets without going through the court system. This means your family can access and distribute assets quickly, even during court shutdowns or emergencies.
Trusts are especially valuable in New York, where probate can be time-consuming and expensive under normal circumstances.
3. You Never Know What Will Happen—Plan Now
Whether it’s a global pandemic, a car accident, or an unexpected illness, life is unpredictable. Sadly, many families affected by COVID-19 were caught off guard without a plan in place.
The truth is:
🕒 The best time to plan was yesterday.
✅ The second-best time is today.
Putting your wishes in writing gives you peace of mind and protects your loved ones.
4. Protect Your Children and Make Your Wishes Clear
If you have children, proper planning ensures your intentions are known and followed. It reduces the chance of family conflict or unnecessary court involvement. The clearer your documents are, the smoother everything will go for those you leave behind.
5. Virtual Estate Planning Services Available Statewide
Our firm offers fully virtual estate planning services throughout New York State. Recent changes in New York law allow us to notarize documents electronically, so you never have to leave your home.
We can meet with you online, draft your documents, and guide you every step of the way—all remotely. Taking care of this now gives you the peace of mind you need during uncertain times.
Ready to Protect Your Family?
If you’re ready to plan or have questions about what’s right for your situation, we’re here to help.
👉 Or go to https://www.doraziopeterson.com/ to schedule a virtual estate planning and family protection session today.
Stay healthy, and take care of one another.