Probate and estate administration can be a confusing and time-consuming process. The New York probate system oversees various aspects of managing a person’s final affairs. However, the requirements vary depending on whether or not the individual died with a will and the value of their estate. The good news is that not all estates in New York must go through probate. The skilled probate and estate administration lawyers at Amoruso & Amoruso LLP can help you understand the steps in either the probate or estate administration process and develop strategies to protect certain assets from probate when possible.
What is the Difference Between Probate and Estate Administration in New York?
In New York, both probate and estate administration matters are handled by the Surrogate’s Court. The court validates wills, authorizes estate representatives to act, and resolves any objections related to wills. Individuals with wills and estates valued at over $50,000 go through probate. By contrast, smaller estates go through a less formal process called estate administration.
When someone dies, their assets are distributed according to the terms of their will or New York law. If they have a will, their assets pass to their designated beneficiaries. If they do not have a will, New York law dictates how their next of kin — the statutory distributees — will receive their property.
Why Hire a Greenburgh Probate and Estate Administration Attorney?
Whether you need to probate a will, commence an estate administration, or have already been appointed as an estate representative, it’s wise to consult a probate and estate administration lawyer in Greenburgh as soon as possible. An attorney can anticipate any challenges, manage conflicts among family members, and facilitate a seamless strategy for closing out the estate.
Steps in the Probate Process
To initiate the probate process, the nominated executor must file a Probate petition in the county where the decedent lived at the time of their death. They must also include the person’s will (if they had one), a death certificate, as well as certain required legal documents including beneficiary waivers and an attorney affidavit attesting to the will’s validity. Upon review of the submitted documents, the judge will validate the will and issue Letters Testamentary approving appointment of the executor. The executor is then empowered to open an estate bank account, marshal the estate assets, and move forward with closing out the estate as provided in the decedent’s will.
If there is no will, an estate administration must be commenced by filing an Administration petition in the decedent’s county of residence. For estates that must go through administration, the Surrogate’s Court will issue Letters of Administration appointing an administrator who will have the authority to open an estate bank account and handle all estate matters, including paying off all debts before distributing the remaining assets to the decedent’s next of kin as required under NY state law.
Common Challenges in Probate and Estate Administration
Delays and complications in the probate and estate administration process can include beneficiary disputes, will contests, and difficulties identifying and locating the decedent’s assets. Despite these obstacles, an experienced probate attorney can guide you through each step.
Get Help with Probate and Estate Administration in Greenburgh
Amoruso & Amoruso LLP is a top Greenburgh probate and estate administration law firm. Our attorneys have over 60 years of combined experience assisting individuals and families with the emotional and often complicated job of winding down their loved ones’ estates.
Let us help you and your family navigate the probate or estate administration process. Call or contact us today for an initial consultation.
