Probate / Administration
When a loved one passes, it is easy to become entangled and confused about the various process or procedures necessary to ensure that the decedent’s estate passes to its rightful beneficiaries. When the decedent left a Last Will and Testament, the process is called Probate and the Will directs who will be inheriting and who will be in charge (who is appointed Executor). When the decedent passes away without a Last Will and Testament, the law provides a guide how to distribute the decedent’s assets- this process is called Administration.
Both the Probate and Administration proceedings are commenced in the New York State Surrogate’s Court in the County in which the decedent lived. The proceedings can take anywhere between 3-9 months and requires presenting the Court with the original Will (if any) a Petition and various other notifications to relatives or other documents proscribed in the Surrogate’s Court Procedure Act.
Once the Court process is complete, the Court will have appointed a fiduciary, either an Executor (when there was a Will), or an Administrator (when there was no Will).
The fiduciary will be saddled with varies rights and legal responsibilities as fiduciary of the decedent’s estate and is expected to ensure the proper administration of the estate. Some of the responsibilities included in administering an estate in are collecting (or marshaling) the decedent’s assets, paying taxes, paying creditors, distributing the estate properly and filing accountings.
Knowing full well that the process can be overwhelming, especially during this difficult time, our office is dedicated to providing a hands-on full service approach to ensure the fiduciary and the family as much peace of mind as possible.
If a loved one recently passed away and you are unsure where to turn or how to proceed, please feel free to call our office at 718-838-3334 for a free consultation and let us guide you through this difficult time.
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