Are you an executor, trustee or beneficiary of an estate? Or did your family member pass away without having a will or any estate documents in place? Whatever the circumstance, it is wise to seek legal counsel to settle an estate or to advocate for your rights in the distribution of assets.
At Pierro, Connor & Strauss, our estate administration attorneys offer a compassionate guide for probate and estate administration in Manhattan and the greater New York City Region including Long Island. We work with you to determine all assets and their distribution while handling the potential interpersonal conflicts that often arise among family members. Our track record of efficient estate settlement has saved many families valuable time and costs – all while reducing the emotional toll.
What is Probate and Estate Administration?
Probate involves proving the Will “to the satisfaction of the Court to be the valid Last Will and Testament of the decedent.” A will is not a will until the court – the Surrogate’s Court in New York – has blessed it.
At that point, the executor named in the will is “appointed” and administers the estate of the person who died (aka “decedent”) in accordance with the terms of the will. If there is no will, the decedent is said to have died “intestate” (no will.) His or her estate is then managed by an “administrator” appointed by the court; the administrator being the person appointed to have priority to act.
Once approved, the executor or administrator is responsible for filing the decedent’s most recently executed will with the Surrogate’s Court. An executor’s duties include collecting and managing assets, paying debts and taxes, and eventually distributing those assets to heirs and beneficiaries.
Probate can be avoided if the decedent placed assets into a revocable trust and named heirs and beneficiaries.