When someone dies in New York, their estate might enter the probate process. What happens during this process depends greatly on the size of the estate and the composition of an estate plan, if one exists. Estates without an estate plan, and even many estates with one, may require an estate administrator. The entire process requires adherence to strict procedural rules and state law. 

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At The Feller Group, P.C., our probate attorneys in Mahopac work with each client to ensure they understand what's happening, what their role is, and how best to proceed to ensure an efficient and expedient distribution of the decedent's estate with minimal delays and challenges. Contact us at (845) 621-8640 to schedule a consultation to discuss your estate administration and probate issues and to get the process started properly and timely.

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Estate Administration vs Probate

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Estate administration and probate are both important processes in New York to ensure that the estate of a decedent (the person who has passed away) is properly managed. Estate administration is a process that is used to ensure that all of the decedent's assets are collected and distributed according to the decedent's wishes. This includes collecting all the assets, paying any outstanding debts or taxes, and then distributing the remaining assets to the designated beneficiaries. Probate, on the other hand, is a court-supervised process that is used to validate a will and make sure that the decedent's wishes are being carried out properly.

 

In New York, probate is required if the decedent's estate is worth more than $50,000 or if the decedent had real estate in the state. It is important to understand the differences between estate administration and probate in order to ensure that the decedent's assets are properly managed and distributed according to the decedent's wishes.

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How do you appoint an Executor or Administrator of an Estate in NY?

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An Executor or Administrator of an Estate is appointed by the Surrogate’s Court in the county where the decedent resided.  If the decedent had a Will, the Will is submitted to the Court for probate, at which time the Court will authorize the Executor named in the Will to act by issuing Letters Testamentary. If the decedent died intestate (without a Will), a petition for estate administration is submitted to the Court which will appoint an Administrator to handle the estate. No one has the authority to act unless and until the Court issues Letters Testamentary or Letters of Administration.

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The Probate Process in New York

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Probate is conducted relatively the same way from one jurisdiction to another, though there are differences, especially concerning timelines and service requirements. To initiate probate proceedings, a petition must be filed in the appropriate probate court. The court will appoint a personal representative or estate administrator, typically named in the decedent's will or designated by law.

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Once a representative has been appointed, they must identify, value, and compile the decedent's assets. The value of each asset is determined in light of all debts and liabilities. Before any assets are distributed to heirs or beneficiaries, debts must be settled. The representative provides notice to all creditors, who in turn have a certain period of time to make claims against the estate. The personal representative uses estate funds to settle valid debts and expenses.

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Once debts are paid, the remaining assets are legally transferred to beneficiaries or heirs per the decedent's wishes or state law.

Though this process sounds straightforward, it often isn't. Many challenges and legal issues arise during the administration of estates, and these challenges can cause delays.

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Who can serve as an administrator in NY?

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When a person passes away without a Will (intestate), New York law sets forth who will be appointed as Administrator of the estate in the following order of priority:

• Surviving spouse 

• Children

• Grandchildren 

• Parents 

• Siblings 

• Any other heir who is eligible to qualify

 

The individual with the highest priority has the first right to serve as the Administrator of the estate - unless they are disqualified.

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Potential Challenges in Probate and Estate Administration

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Challenges in probate can hold up the process, and when that happens, heirs and beneficiaries are most harmed by the delays. Plus, challenges can mean additional costs, potentially reducing the benefits and assets heirs and beneficiaries receive. 

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Three of the most common challenges in probate and estate administration include:

1. Will Contests. Wills go through probate. If there are doubts about the validity of the will, disputes may arise.

2. Disputes Among Heirs or Beneficiaries. Emotions can get testy during probate and some heirs or beneficiaries may believe they are owed something and will fight to obtain it.

3. Complex Tax. Navigating federal and state estate tax requirements demands intricate knowledge, especially when the estate involves multiple jurisdictions.

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At The Feller Group, P.C., our estate attorneys can help you avoid probate altogether through proactive estate planning. However, in the case a loved one dies and their estate goes through probate, we are here to help you through it so that challenges are minimized or avoided.

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Our Probate & Administration Services Include:

• Estate Administration

• Will Probate

• Estate Litigation

• Estate Accounting

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