When a loved one passes away, questions over probate and estate administration become primary concerns for those left behind. Managing probate and estate matters is no easy task in New York, with rules and requirements unknown to many people. Navigating the legal process and any disputes that arise can be easier with the help of an experienced attorney.
At Amoruso & Amoruso LLP, we have nearly 60 years of combined experience in New York estate law. Let us take the stress off your shoulders. Call or contact us today to request a consultation with a Westchester County probate and estate administration attorney
What Are the Steps in the Probate Process in Westchester County, NY?
The probate process in Westchester County begins when the decedent’s will is presented to the Surrogate’s Court for approval. Once approved, the court will appoint the executor named in the will and issue Letters Testamentary authorizing the executor to act on behalf of the estate.
Once the executor is named, he or she can use estate assets to pay outstanding liabilities and costs of estate administration, such as hiring lawyers or accountants. After paying liabilities and taxes, the executor may distribute the remaining assets to beneficiaries per the will’s terms or according to intestate succession laws. Upon completion of his or her duties, the executor must submit an inventory of the estate’s assets and liabilities to the Surrogate’s Court.
Not all estates in New York require probate. Consult a knowledgeable lawyer promptly if you have questions about whether probate is necessary in your case.
What Happens if the Person Dies Without a Will?
When someone dies without a will, estate administration must follow New York’s intestacy laws. The Surrogate’s Court must hold an administration hearing to identify the decedent’s assets, determine
which family members can inherit from the estate, and outline what percentages of the estate they receive.
Under New York law, a decedent’s closest living relative has the first right to open an estate for their loved one. Intestate succession typically leaves a decedent’s estate to their closest family members, such as a surviving spouse and children. When a person dies without a surviving spouse or child, other close relatives like parents, grandparents, or siblings may inherit.
Cases involving intestate succession can present unexpected challenges for family members. An experienced probate and estate administration lawyer can work toward a smooth and efficient resolution for you.
Common Challenges in Probate and Estate Administration
Various issues can arise during probate that can delay estate administration and the distribution of assets to beneficiaries, such as:
- Will contests
- Challenges to the appointment of an executor
- Creditor claims
- Disagreements over the calculation of the estate’s value or the use of estate funds for administration expenses
How Amoruso & Amoruso LLP Can Assist You
A strong legal advocate can make all the difference when undertaking probate and estate administration duties in New York. The legal team at Amoruso & Amoruso LLP can guide you by:
- Helping you locate the decedent’s Original Will
- Identifying and gathering the required documents and asset information to prepare a Probate Petition
- Submitting the Probate Petition, Original Will and other required documents needed to the Surrogate’s Court
- Serving required legal documents on all persons whose permission is needed to allow Probate to proceed
- Resolving legal disputes that may arise during estate administration, such as creditor claims or interpretations of will provisions
Contact us today to discuss how our law firm may assist you with probate and estate administration in Westchester County, NY.
