Probate and Administration Proceedings
Long Island Will & Estate Planning Law Office
Elsie Acevedo, Attorney at Law, provides comprehensive will and estate planning for people across Long Island, New York, which includes probate and administration proceedings. When you process a valid will, it is referred to as a probate. But there is also a similar process known as administration, which happens when a decedent dies without a will. At our law office, we can help with both probate and administration processes.
The proposed executor is the individual named in the decedent's will. After the will is admitted to probate, the proposed executor simply becomes the executor.
When it comes to administration, there is a determination on who can be the administrator. This is decided by the statue, just like the hierarchy for receipt of the decedent's assets. If there is any heir who has a superior interest in the estate by virtue of closer kinship to the decedent must first approve the appointment of any proposed administrator who has an inferior or equal interest to said heir.
When deciding who can be the executor, it is important to note that someone can be the executor for their relative's estate even if they do not live in New York. An uncontested probate and administration proceeding can end up in the issuance of letters testamentary in a little as four weeks. However, if the estate is contested, then it can be much long and much more complicated.
Legal Counsel for Probate and Administration Proceedings
- As long-time handlers for probate and administration proceedings, we have an understanding of the ins and outs in accordance to New York State law. Here is a common scenario for most estate actions in New York.
- Filing of a petition with the Surrogate Court in Nassau or Suffolk County.
- When there is a will, the notice to the heirs will be stated in it.
- If there is no will, then a notice will be sent to the statutory heirs.
- In the case of a will, there will be a filing of a petition to assign an executor or administrator for the estate.
- The inventory of all assets and appraisal of properties is complete by the appointed executor or administrator.
- Then there is the sale of the estate assets.
- The payment of the estate debt to the identified rightful creditors. The estate taxes will also be paid if necessary.
- Finally, the assets get distributed to the beneficiaries or heirs.
This is just a general outline of how these proceedings can go. Our Long Island law office can help you when it comes to will and estate planning and make sure no stone is left unturned. There are important ramifications in getting this aspect right. When someone dies with a will, the court makes its decisions regarding the assets using the will as a guide. However, when there is no will, then New York State and the court will make the decisions on the distribution. And nobody wants that to happen. It leads to issues and complications.
So, if you want to have autonomy and control over your estate and will, as well as the ability to select who will be the fiduciary for estate assets, then talk to us today. We have years of experience as a Long Island probate and estate administration lawyer. And can help you determine the proper course of action.
Contact Elsie Acevedo Today
Does this sound confusing? That's okay! Our law office is here to make this process go smooth. We can help with the will writing too, as well as general estate planning. These are important matters that shouldn't be left up to you. Get professional legal help from our Long Island law office. We will walk you through the steps and make sure you are going about it properly.
The number for our office is 631-878-3280. When you call, we can provide you with a free, no-obligation consultation. We also help with other legal matters pertaining to wills and estates and offer counsel for clients across Long Island.