Practice Area Overview

PROBATE AND ADMINISTRATION OF ESTATES

When a loved one passes away with a Last Will and Testament, his or her estate may go through a court-managed process called probate. Probate is a proceeding in which a judge declares a Will to be valid and appoints an individual responsible for handling the administration of the estate. This individual is referred to as the Executor. If a person dies without a Last Will and Testament, his or her estate may go through a court-managed process called administration. A court may then appoint an Administrator. The Administrator generally has the same responsibilities as an Executor.

Steps for Probate and Administration of an Estate:

Probate and Administration proceedings may differ, but most involve the following:

• Filing of a petition with the proper New York State probate court to appoint an Executor (where there is a Will) or an Administrator (where there is no Will) for the estate.
• Notice to beneficiaries under the Will or to statutory distributees.
• Inventory and appraisal of estate assets by Executor or Administrator.
• Payment of estate debts to rightful creditors.
• The sale of estate assets.
• Payment of estate taxes.
• Final distribution of assets to heirs.
• Executor or Administrator released of any liability.

PROBATE LITIGATION

Litigation over probate estates can involve disputes over various issues, including, but not limited to:

• Will contests, by reason of lack of capacity, undue influence, fraud, duress, coercion, lack of proper formalities, or bequests to disqualified beneficiaries;
• Beneficiary claims;
• Accounting by an Executor;
• Breach of fiduciary duty;
• Estate mismanagement; and
• Family disputes.