Knowledgeable and Experienced Estate Administration and Probate Attorneys in New York State
Estate administration is the process of managing the estate of someone who has passed away (the decedent). This process is handled in accordance with applicable laws and, when available, a valid will. During the administration process, expenses, taxes, and debts are paid, and the remaining assets are distributed in accordance with the decedent’s wishes or pursuant to state law.
This process can be very complicated, particularly when someone dies without leaving a valid will. At Tully Rinckey PLLC, our experienced estate administration attorneys stand ready to assist you and your family at this difficult time.
Our attorneys apply their extensive knowledge of New York probate court to guide you through the complex process of probating a will. We assist executors in all steps of the process, including:
- Creating a plan of action to probate the estate fairly and expeditiously;
- Filing the will with the New York probate court;
- Closing and opening bank accounts;
- Transferring assets from the deceased to the estate;
- Paying taxes and other debts;
- Locating beneficiaries; and
- Hiring professional experts when necessary.
Probate Process
Each county in New York State has a Surrogate's Court that deals with the administration of estates for those who had their principal residence there at the time of their passing. When a person passes away leaving a will, someone must apply for probate, or the Surrogate's Court's approval, of the will. The will is submitted to the court by the designated executor, and all interested parties are given due notice in order to allow for the hearing of any will-validity objections. The court will issue letters testamentary, allowing the executor to acquire legal ownership of the decedent's assets if the will is accepted. The executor must settle any estate debts before starting to distribute the estate's assets in accordance with the terms of the will.
Probate and Non-Probate Assets
It is critical to distinguish between probate and non-probate assets during the estate administration procedure. Certain assets, such as accounts with a designated recipient, may proceed directly to that beneficiary without going through the probate process.
Many of the decedent's assets may already be in the trust if a revocable living trust is employed, in which case the trustee can distribute the assets without having to go through the probate procedure. There may be a pour-over will, which directs that any residual assets subject to probate should be transferred to the trust for distribution in accordance with its conditions.
Without a will, the "closest distributee"—also referred to as the "administrator"—may request to handle the estate's affairs. In the absence of a surviving spouse, the children of the deceased have equal rights to administration. A spouse has the right to administer on behalf of the deceased person's children. In this procedure, letters of administration rather than letters of testamentary will be issued by the Surrogate's Court. Handling the administration of an intestate person's estate can be complicated, which is why good estate planning is essential.
Probate Disputes
When disputes occur between beneficiaries, we successfully represent your interests. Our New York attorneys have the extensive knowledge to challenge invalid wills or to defend valid wills against the improper assertions of dissatisfied beneficiaries. Skillful mediators and litigators, our attorneys can negotiate between beneficiaries to preserve relationships or fastidiously pursue your rights in court when necessary.
