The provisions of a will can reveal complex family dynamics, including long-rooted grievances, which can make a straightforward process unpredictable. Probate litigation and other estate-related litigation are specialized areas that combine estate planning knowledge with civil litigation experience. An Albany probate lawyer must not only prove the substantive matters of the dispute in court but must also remain sensitive to the emotional needs of clients during a trying time.
For those in Albany who are facing difficulty in their Surrogate’s Court matter or dread the prospect of a drawn-out court battle, Pierro, Connor & Strauss, LLC is available to help. Our experienced team represents individuals, families, corporations, and others. We take the time to carefully understand our clients’ objectives, and craft strategies to avoid litigation, but can handle litigation when needed.
What is Probate?
Probate is the process of “proving” the will after the death of the will’s creator or ‘testator.’ It names an executor, who is charged with filing a petition and the original will in the Surrogate’s Court in the New York county where the decedent resided. The terms of the will must be approved by a judge in the Surrogate’s Court.
The petition includes the death date, all beneficiaries named in the will, and the estate’s estimated value. All heirs-at-laws (or distributees), a formal term for next of kin, are also listed. All beneficiaries, heirs-at-law, and other interested parties receive notice of the proceeding.
Once the will is verified, the court issues “letters testamentary” to the executor, giving he/her/they the authority to begin estate administration. Remember that the executor can be personally liable to beneficiaries if they do not perform their duties properly.
Albany Will Planning Team
Louis W. Pierro
AARON E. CONNOR
