Probate is the process where a decedent’s Will is submitted to the Surrogates Court as part of a proceeding to have the legal representative appointed in the Will, certified by the Court to act for the decedent’s estate. The person appointed is called an Executor or Executrix. Once the representative is appointed, the Court will retain jurisdiction until all matters relating to the decedent are resolved, his bills are paid, estate tax returns are filed, estate taxes are paid, and the assets are collected and distributed to the decedent’s legatees in accordance with the Will.


Administration is the process whereby the Court appoints a person to act as a legal representative of the estate where there is no Will. The Court supervises the settlement of the estate as in the probate process.

A good Probate/Administration attorney must not only be knowledgeable and skilled in estate and tax law, but must also have the patience, understanding and compassion to guide the surviving family members, relatives and friends through a difficult period of time and a morass of unexpected legal and financial obstacles.

Surrogates Court Practice 

At times, clients will need representation in contested estate and estate related matters pending in the Surrogates Court. Some common examples of such litigation are:

• Will Contests;
• Kinship proceedings;
• Discovery proceedings;
• Creditor claims;
• Objections to accounting:

Benjamin P. Eisenberger Esq. has 30 years of quality experience in the Surrogates Court, representing clients in the foregoing areas of law. Each client is treated with the utmost degree of compassion and concern and guided based on solid legal experience through the difficult process involved in settling a decedent’s estate.

If you need a competent and experienced probate law attorney, please contact us at (212) 406-2811 or by email at