The loss of a loved one may be one of the most difficult situations you will ever face.  Dealing with the distribution of your loved one's assets, especially if they did not leave a Will, can add stress to an already emotional time.  Estate administration/probate is a unique and complex field.  This is why it is so important to work with a lawyer who is competent in this field.  With an in-debth knowledge of the complexities and requirements involved with Surrogate's Court practice, I can offer the competent legal representaion you need with the compassion and individualized attention you deserve.  If your loved one passed away and you have questions regarding the process, please contact Plansker Law for a consultation.

 

 

What is Probate?

  

The strict definition of Probate is the legal process in which a Will is proven either valid or invalid. This determination is made by the Surrogate's Court.  When the Will is succesfully probated the Surrogate's Court will issue a decree granting probate and issue Letters Testamentary to the Executor giving them the authority to administer the estate.  If someone objects to the validity of the Will, they may start a will contest by filing objections to probate.  Probate in New York can be relatively inexpensive in most cases.  If you have a properly written Will and have no objections to probate, it can be a simple process.

 

What are the duties of the Executor?

 

The Executor will be responsible for identifying, inventorying and safeguarding the decedent's property.  He or she will also pay any taxes or valid debts of the decedent; get appraisals of property if necessary; open an estate checking account; pay any income or estate taxes due; keep well documented financial records and ultimately distribute the assets to the beneficiaries as designated in the Will.

 

What if you die without a Will?

 

If you die without a will, or "intestate", the process by which a fiduciary is appointed for the estate is called Administration instead of Probate.  Since there is no Will appointing an Executor, the laws set forth who may be appointed the Administrator and their order of priority.  Usually the courts will appoint the spouse first then the children, the grandchildren, the father or mother, the brother or sister and so on.  After this process is complete, the court will issue Letters of Administration to the Petitioner and that person will then have the authority to administer the estate.  The Administrator will have all the same duties and as the Executor.  The decedent's estate will then be distributed according to the laws set forth by New York State. This may not be optimal especially if you have minor children or estate tax concerns.  If you die leaving minor children, the court also has laws as to who they will appoint Guardian for your children and their assets.  They may appoint a person who you would not have wanted or trusted.  

 

These are some of the many important reasons why everyone needs a will, regardless of the size of your estate.