In New York, the probate and estate administration processes involve collecting, inventorying, and distributing a deceased person’s assets. No actions may be taken until a court appoints either an executor, if the deceased person had a will, or an administrator, if there is no will to probate. The process can be tedious, even when families agree on every instruction the loved one left behind.
However, families can encounter probate challenges even in uncontested cases. For help navigating these matters, talk to a White Plains probate and estate administration attorney from Amoruso & Amoruso LLP today. Contact us now for an initial case review.
What Is the Difference Between Probate and Estate Administration?
In probate, the Surrogate’s Court in the county where the decedent lived determines the validity of a document presented as a decedent’s last will and testament based on the information contained in a probate petition and additional required legal documents.
The court examines the will and hears other evidence and testimony to determine whether to accept the document as the decedent’s will. The court will also evaluate the enforceability of the will’s provisions, resolving any challenges to the will’s validity or enforceability launched by any interested party, such as a beneficiary named in the will or one of the decedent’s family members. If probate is successful, then the person named in the will as executor is appointed by the court as executor and is given permission to:
- Gather and inventory the decedent’s assets
- Pay creditor claims
- Pay estate administration expenses and taxes
- Distribute the remainder of the estate to beneficiaries as directed by the decedent’s will
Estate administration refers to the process of disposing of a decedent’s assets if there is no last will and testament to present to the Surrogate’s Court. In this instance, a family member can petition the Surrogate’s Court to be named Administrator of the decedent’s estate. If this request is approved, the court-appointed administrator of the decedent’s estate will be able to:
- Gather and inventory the decedent’s assets
- Pay creditor claims
- Pay estate administration expenses and taxes
- Distribute the remainder of the estate to the decedent’s heirs designated under New York’s intestacy laws since there is no will
When Is Probate Required?
Not all estates in New York require probate. An estate must go through probate if a person:
- Had a valid will
- Had an estate with $50,000 or more in personal property
- Owned probate assets solely in their name with no designated beneficiary (e.g., real estate)
- Had accounts without a beneficiary or payable-upon-death transfer
- Held business interests with no transfer-on-death provision
When a decedent passes away with less than $50,000 of personal property, New York law allows for a small estate or voluntary administration proceeding instead of formal probate. However, this process still is overseen by the Surrogate’s Court in the decedent’s county of residence.
People can also bypass the probate process and simplify asset distribution to heirs through estate planning tools like trusts and gifting. At Amoruso & Amoruso LLP, our signature comprehensive estate planning service includes customized strategies to avoid probate and preserve your wealth.
Why You Need a Probate and Estate Administration Attorney in White Plains
A probate and estate administration attorney from Amoruso & Amoruso LLP can help executors and administrators in uncontested cases by:
- Preparing the probate or administration petition
- Guiding executors and administrators through the complicated NY Probate and Administration process
- Assisting with asset consolidation
- Drafting necessary legal documents to accompany asset distribution
- Reviewing the required Inventory of Assets before submission to the Surrogate’s Court
Get Legal Help for NY Probate and Estate Administration
The period after a loved one’s death is undeniably stressful. If you’re now tasked with finalizing their affairs, getting guidance from a White Plains probate and estate administration lawyer can simplify the process and provide peace of mind that everything gets done correctly. Call or contact Amoruso & Amoruso LLP today for an initial consultation. We’re ready to help.
