Probate & Administration

Probate is the legal process of submitting a Last Will & Testament to the Surrogate’s Court for approval. The Surrogate’s Court will validate the Will and legally appoint the Executor named in the Will to act on behalf of the estate. The Executor’s responsibility is to marshal (gather) and manage the assets of the estate and is responsible for carrying out the affairs of the estate, including paying debts and eventually distributing assets in accordance with the terms of the Will.

An Administration proceeding will typically need to be commenced when an individual passes away without a Will. If there is no Will, and assets are not held by a Trust nor has any beneficiary been designated, the Surrogate’s Court will apply the laws of intestacy. This means that spouses, children and other close relatives will inherit the deceased individual’s assets pursuant to New York’s Estate, Powers and Trusts Law.

The Probate & Administration process can be quite difficult to accomplish without guidance from experienced professionals. Our attorneys will explain how the Probate & Administration process works, what your duties are as an Executor or an Administrator, and draft and file all necessary documents including estate tax returns.