Long Island Estate Administration Attorneys

Helping Families Through Probate Since 1935

For many individuals, probate and the process involved with estate planning, administration, and distribution of assets can be daunting, and for many, the idea of being appointed an estate administrator is grueling. There are numerous laws and regulations governing post-life debts, assets, and distributions, and managing the state and federal laws can be stressful.

At Blumberg, Cherkoss, Fitz Gibbons, Blumberg, we are prepared to assist you in any legal services you may need throughout the administration process, and work with you to help ensure that all assets are equitably distributed with the least amount of stress to you.

Understanding Estate Administration in New York

Estate administration involves the legal process that ensures a decedent’s estate is settled according to their wishes, or in accordance with New York’s intestacy laws if no will is present.

This process includes several stages, from filing the decedent's will with the Surrogate’s Court to distributing assets and closing the estate.

• Filing the Will and Initiating Probate

The first step in estate administration is the filing of the will with the Surrogate’s Court. If there is a valid will, the court will issue letters testamentary, which grant the executor the legal authority to act on behalf of the estate. In cases where there is no will, the court will appoint an administrator to manage the estate under New York’s laws of intestacy.

• Inventory and Valuation of the Estate

Once the executor or administrator is appointed, they must locate and inventory the decedent's assets. This includes real estate, bank accounts, personal property, and any other assets the decedent owned. The assets must then be valued, often requiring the assistance of appraisers for certain items like real estate, valuable personal property, or business interests.

• Paying Debts and Taxes

Before any assets can be distributed, the estate’s debts and taxes must be paid. This includes funeral expenses, medical bills, outstanding loans, and credit card debt. In addition, estate taxes and income taxes must be filed and paid.

• Distributing Assets to Beneficiaries

Once all debts and taxes are settled, the remaining assets are distributed according to the will. If there is no will, New York’s intestacy laws will determine who inherits the estate. For example, a spouse and children are typically the primary beneficiaries in the absence of a will.

• Closing the Estate

After all assets are distributed, the estate administration process is closed. This involves filing a final accounting with the Surrogate’s Court, which details the estate's income, expenses, and distributions. Once the court approves this accounting, the estate can be formally closed, and the executor or administrator’s duties are complete.

What is the Role of an Executor or Administrator?

In New York, the person responsible for managing the estate is either an executor or an administrator. If the decedent left a will, they will have named an executor. If there is no will, the court will appoint an administrator. Executors and administrators have a fiduciary duty to act in the best interests of the estate and its beneficiaries.

The responsibilities of an executor or administrator include:

• Identifying and securing the decedent’s assets
• Notifying creditors of the decedent’s passing and handling claims
• Paying outstanding debts, including taxes, funeral expenses, and medical bills
• Distributing assets according to the will or New York intestacy laws
• Filing tax returns for the decedent and the estate
• Preparing a final accounting and closing the estate

Our Long Island estate administration lawyers offer guidance to executors and administrators, ensuring that they comply with all legal requirements and minimize the risk of personal liability.

What are Potential Challenges in Estate Administration?

Estate administration can sometimes be complicated by disputes, delays, or unexpected challenges. Common issues that arise during the administration process include:

• Will Contests: Beneficiaries or potential heirs may challenge the validity of the decedent’s will. Disputes may arise over whether the will is legally valid, whether it accurately reflects the decedent’s wishes, or if there was undue influence or fraud involved in the creation of the will.
• Disputes Between Beneficiaries: In some cases, beneficiaries may disagree about how assets should be distributed or whether the estate’s debts have been properly settled. These disputes can delay the administration process and lead to costly legal battles. Our Nassau County attorneys work to resolve these issues quickly and amicably, using negotiation and mediation techniques when appropriate.
• Creditor Claims: Creditors of the decedent may file claims against the estate, seeking payment for outstanding debts. If the estate does not have enough assets to cover all debts, the executor or administrator must navigate the priority of creditor claims, which may involve negotiating settlements or arranging payment plans. Our legal team has experience handling creditor claims and can help protect the estate from unnecessary liabilities.
• Tax Issues: Estate taxes can be complex, especially for larger estates or estates with significant business interests. Executors and administrators must ensure that all necessary tax filings are completed accurately and on time to avoid penalties. Our Long Island estate administration lawyers are familiar with the nuances of estate tax law and can provide guidance on tax planning and filing.

What Happens If You Don't Probate a Will in New York?

If a will is not probated in New York, the decedent’s estate will be handled under intestacy laws, which means the estate is distributed based on state law rather than the decedent's wishes. The absence of probate can result in the appointment of an administrator instead of the named executor, and the property cannot be legally transferred to the beneficiaries, potentially causing delays and complications in the distribution process.

Without probate, there is also the risk of unresolved debts, ongoing creditor claims, and family disputes over asset distribution. Additionally, failure to probate the will can lead to tax issues, as required returns may not be filed, causing penalties or interest. Overall, not probating a will can complicate the estate settlement process and prevent the decedent’s intentions from being properly executed.

Do You Need a Lawyer to Probate a Will in NY?

There is a lengthy process that is often involved with estate administration. Probate can last months, or if a will is contested, sometimes even years. Trustees, administrators, attorneys, courts and disgruntled family members can all create a headache for the administrator; however, with the assistance of an experienced estate administration attorney in Amityville, you could see a significantly streamlined process.

Having an attorney on your side can help take a significant load off your shoulders and feel relieved that the law will be on your side when it comes to contested areas of wills, insurance agents, banks, and the IRS.

Schedule an Appointment – Serving Suffolk & Nassau Counties

You should never have to face the probate courts or family members, banks, tax collectors, or beneficiaries alone. Having an experienced Suffolk & Nassau County probate lawyer on your side can make all the difference in the outcome of your case.