Understanding Probate and Administration in New York

Probate and estate administration in Brooklyn might seem overwhelming, but it’s manageable with a clear understanding of the process. When someone passes away, their assets need to be properly distributed—either according to their will or state law if there’s no will. This process, handled by the Brooklyn Surrogate’s Court, involves specific steps like filing petitions, appointing executors or administrators, and settling debts before distributing assets.

The Basics of Probate and Administration

Probate kicks in when there’s a will. The court validates the will, appoints an executor, and oversees the estate’s management. If there’s no will, administration takes over. The court appoints an administrator to distribute assets based on New York’s intestacy laws. Estates valued under $50,000 may qualify for a simplified process, but larger estates require a more formal procedure.

Role of the Surrogate’s Court

The Surrogate’s Court ensures everything is handled legally and fairly. It authenticates wills, appoints fiduciaries, and oversees their actions. In intestate cases, the court designates administrators and ensures creditors are paid before heirs receive anything. Executors and administrators must inventory assets, pay taxes and debts, and distribute what’s left to beneficiaries.

"The probate process can often be complicated and is often full of delays, sometimes caused by uncooperative beneficiaries, or by missing parties.  In order to facilitate the process, preparation is key.  Gathering a complete list of names and addresses, and having a detailed knowledge of the family tree of the decedent can go a long way towards avoiding some of those delays.  Hiring an experienced probate lawyer can also help navigate these challenges."- Theodore Alatsas, Esq., Brooklyn and Queens Probate Lawyer

Steps in the Process

1. File the Petition: Executors or closest relatives submit a probate petition with the death certificate and, if available, the will.
2. Appointment of Fiduciary: The court issues Letters Testamentary (for executors) or Letters of Administration (for administrators), granting legal authority to manage the estate.
3. Inventory and Valuation: Fiduciaries identify and appraise all assets, reporting to the court within six months.
4. Settle Debts and Taxes: All outstanding debts, taxes, and claims are resolved before moving forward.
5. Distribute Assets: Remaining assets are distributed to beneficiaries per the will or intestacy laws.
6. Final Accounting: A detailed report of transactions is submitted to close the estate.

Key Considerations

Probate assets include things like real estate, personal property, and bank accounts that don’t have beneficiaries listed. Non-probate assets, like life insurance or retirement accounts with named beneficiaries, bypass the process. Executors and administrators must act responsibly, as mishandling the estate can lead to legal consequences.

Why Hire a Probate Attorney?

Navigating probate can be complex, especially with contested wills, creditor disputes, or complicated assets. A skilled probate attorney simplifies the process, ensures deadlines are met, and minimizes costs. They can also handle estate tax filings, appraisals, and asset transfers efficiently.

Avoiding Pitfalls

Timely filing, accurate asset reporting, and compliance with court guidelines are crucial. Delays or disputes can extend the process and increase costs. Executors and administrators should keep detailed records and work closely with experts to avoid mistakes.

Whether it’s probate or administration, understanding the process and seeking professional help when needed ensures smoother asset distribution and honors the decedent’s wishes.

At Alatsas Law Firm, we have experience dealing with probate and administration cases in the Surrogate's Courts of Brooklyn, Queens, Staten Island, New York and Nassau Counties, as well as other surrounding counties.  Schedule your consultation today.