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When a loved one passes away in New York, their estate often goes through probate. This process can feel overwhelming, especially when you’re grieving. Our probate lawyers are here to shoulder the legal burden, providing clear guidance and support.
We handle all aspects of probate, from filing the will to distributing assets. Our team works efficiently to settle estates, whether they’re straightforward or complex. We’ll explain each step clearly so you always understand what’s happening and why.
If disputes arise, we’ll help resolve them, aiming to preserve family relationships whenever possible. Our goal is to honor your loved one’s wishes while protecting your interests throughout the probate process. Let us handle the legal work so you can focus on what truly matters.
Probate is the legal process of validating a will, ascertaining which creditors have valid claims, determining how much debt is owed, settling or paying the deceased’s debts and taxes, and distributing any remaining assets to heirs and beneficiaries. In New York, the Surrogate’s Court in the county where the deceased lived supervises this process.
Probate is typically required when a person dies and leaves a will or when the estate exceeds a certain value.
Assets subject to probate include:
However, the law exempts some property from probate, such as jointly owned property, life insurance policies, and retirement accounts with designated beneficiaries. We have found after much research and analysis that there are in fact times when probating certain estates or assets can be beneficial, while at other times avoiding probate may be the more appropriate approach.
When a person dies leaving a will, their estate often has to go through the formal probate process to distribute their remaining assets. This typically involves several key steps:
Throughout this process, the executor has a duty to act in the best interests of the estate and its beneficiaries. They typically must also provide a final inventory and an accounting to the court and beneficiaries.
While it can be a very tedious, hands-on process, probate ensures a thorough and legally sound settlement of the estate. There are certain timely options that may be elected due to the nature, timing, or availability of such options to minimize liabilities and maximize benefits to the estate or beneficiaries. Our firm can guide you through each step, helping to minimize delays and resolve any issues that arise.
In New York, estates with probate assets under a certain threshold may qualify for voluntary administration, a streamlined process for settling an estate.
To qualify, your estate must meet certain criteria, such as:
If the estate qualifies for voluntary administration, the distribution of assets process is faster and less expensive than traditional probate. The administrator of the estate can collect and distribute assets without the need for formal court supervision.
However, even with a small estate, you should still work with an experienced New York probate lawyer to ensure you meet all legal requirements and properly administer the estate.
Let us help you clarify and simplify the work involved in the voluntary administration process, prepare and execute the necessary documents, and plan for or address any challenges that may arise.
When disagreements happen over an estate, you need a lawyer who can cut through the confusion. We help clients contest wills, defend against challenges, and resolve conflicts between beneficiaries or executors.
Our work covers the full spectrum of estate disputes. This includes claims of undue influence or lack of capacity, issues with fraud in preparing, executing and/or tampering with wills after execution, conflicts over asset management or distribution, challenges from creditors, and many other obscure or not well-known legal requirements, alternatives or options in handling these matters based on your specific predicament, objectives, and preferences.
We’ll give you a clear picture of your options and potential outcomes. Our goal is to protect your interests, whether that means negotiating a fair settlement or presenting a strong case in court. If you’re dealing with an estate dispute, let’s talk about how we can help you move forward.
In New York, estate administration and probate are distinct processes, though they’re often confused.
Probate is the legal process used when someone dies with a will. The court is petitioned to undergo the legal procedure in determining the validity of a purported will, authorizing and empowering fiduciaries nominated within the will instrument, and overseeing the appointed executor’s management of liabilities and distribution of assets, according to its terms.
Estate administration, on the other hand, occurs when someone dies without a valid will. In this case, the court appoints an administrator to manage and distribute the estate according to New York’s intestacy laws.
Both processes involve similar steps: gathering assets, paying debts and taxes, and distributing what is left. The main differences lie in who is in charge, the extent of the administrator’s authority, and how assets are distributed. Also, while the laws behind both processes may be statutorial (legislative) or from common law (judicial), only probate also has legal support from a will (contract law).
The importance of this last difference can often be critical where a will contains a clause that supersedes statutory or common law by default and only applies when a valid will was not properly executed or submitted to the court. Whether you’re dealing with probate or administration, we can guide you through the process efficiently.
Our probate lawyers at the Katz Law Firm guide executors and administrators through their tenures.
Our law firm can:
With the help of our probate lawyers, you can rest knowing that a competent professional is managing your inheritance properly and efficiently.
If your loved one lived outside New York but owned property in the state, their estate may need to go through ancillary probate here.
This process involves:
Ancillary probate can be complicated, especially when dealing with multiple jurisdictions.
Our New York probate lawyers can help you with this process so that administrators properly manage and distribute out-of-state assets.
When probate becomes necessary, we’re here to guide you through the process with compassion and efficiency. Our team understands that this can be a challenging time, and we’re committed to helping you navigate it as smoothly as possible.
We combine legal experience with a caring approach, ensuring that your loved one’s wishes are honored while protecting your interests. Our goal is to handle the process quickly and effectively so you can focus on what truly matters – your family.
We’ll work to resolve any issues that arise, minimize delays, and help you move forward. By managing the legal aspects, we aim to reduce your stress and allow you to honor your loved one’s memory without prolonged legal proceedings.
Losing a loved one is never easy, and the thought of entering a lengthy and drawn-out probate process can be stressful.
Our experienced probate attorneys at Katz Law Firm can guide you through every procedural step, from planning probate or estate administration beforehand to filing the necessary paperwork to resolving disputes and distributing assets after the passing of a relative or close friend.
Contact us today to schedule a consultation and discuss your probate and estate planning needs.
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The probate duration depends on how complex the estate is and any will challenges that arise. Simple estates may be settled within a few months, while more complex cases can take a year or longer.
Since the COVID epidemic, courts have generally been significantly delayed in the probate and administration process due to the increase and/or backload of cases, limited resources of the courts, and funding to hire additional clerks and employees who have the proper training and skills for Surrogate’s Court and estate law, which is intricate, involves additional laws (e.g., EPTL, SCPA and local court rules and regulations) and unique procedures only brought in Surrogate’s Court.
Not necessarily. If a will contains clauses or provisions that go against public policy, statutory rights, or other contracts that supersede a will, some clauses or the entire will may either not be enforced or not be enforceable only when certain claims or actions are made in petitioning or “moving” the court by a party who may make such a claim or has certain rights to invoke.
When someone dies without a will (intestate), the courts distribute some assets according to New York’s intestacy laws, while other assets may pass by right of law based upon prior planning or other designations that may apply.
Generally, assets pass to the closest surviving relatives, such as a spouse, children, or parents. However, it is both not well known and comes as a shock to many people where there was no valid will to probate, that the surviving spouse is generally entitled to the first $50,000.00 of the estate assets and also 50% of the remaining estate assets subject to probate or estate administration in New York.
Some assets, like jointly owned property and accounts with designated beneficiaries, may avoid probate. However, most estates will require some level of probate or estate administration.
Probate costs vary depending on the size and complexity of the estate. Expenses may include court filing fees, attorney fees, executor compensation, obtaining a bond for the estate, and other administrative costs.
Our lead estate planning attorney, Adam Katz, is passionate about helping families and individuals navigate the complex world of estate planning with compassion and a personal touch.
With more than 17 years of experience in estate planning and probate law, Adam Katz has helped countless clients achieve peace of mind by crafting comprehensive plans tailored to their unique needs and goals. He takes the time to listen to your concerns, explain your options in plain language, and guide you through every step of the process.
Adam Katz believes that estate planning should be an empowering experience, not a daunting one. He is committed to building long- lasting relationships with clients, ensuring that your plan evolves as your life changes. Whether you’re just starting your estate planning journey or need to update an existing plan, Adam Katz is here to provide the knowledgeable guidance and support you deserve.
At Katz Law Firm, we understand that estate planning is not just about drafting documents; it’s about building relationships and creating a lasting impact.
