01
Initial Call
Gather key information from the family, including estate, property financial accounts and beneficiaries.
Probate & Administration
Guiding families through probate and administration with clarity and confidence. We help navigate the legal process, minimize delays, and protect the interests of beneficiaries and estates.
Probate Guidance
Executor Support
Estate Administration
How We Help
Representing Executors, Supporting Families
Upon one’s passing, their estate must go through the Surrogate's Court before assets can be distributed. If there is a will, this process is called probate, and the court confirms the will and appoints the executor. If there is no will, it is called administration, and the court appoints an administrator to manage the estate.
Our Attorney Will Help:
File probate and administration petitions.
Guide fiduciaries through their legal responsibilities.
Manage real estate transactions involving estates.
Administer estates and trusts, including distributing assets to beneficiaries.
The Probate Process
What to Expect Step by Step
Understanding each stage of probate can make the process easier to navigate. We guide executors and families from the initial court filing through final distribution.
02
Draft the Petition
The appropriate petition is drafted to begin the probate process.
03
Start the Court Proceeding
Petition is filed with the Surrogate’s Court.
04
Appoint the Executor
The court reviews the petition and formally authorizes the executor to act on behalf of the estate.
05
Distribute the Estate
Estate assets are transferred to beneficiaries bringing the probate process to completion.
Common Questions
Probate and Administration, Plainly Answered
Due to court backlogs, scheduled creditor claims, contests, and other matters that may arise during the probate process, it can be difficult to predict an exact timeline. In general, probate can take approximately six months to more than a year, depending on the circumstances of the estate. Timelines may also vary from one county to another.
The will must be filed with the court and admitted to probate before it can take effect. A will does not, by itself, give the named executor authority to act on behalf of the estate. The court must review and admit the will to probate and formally appoint the executor, who is then authorized to administer the estate.
Fiduciary duties include managing and protecting estate assets, paying outstanding debts and taxes, filing required court documents, and distributing assets to beneficiaries.
When a person dies without a will, the court proceeding is called administration, and the person appointed to manage the estate is called an administrator. When a person dies with a will, the court proceeding is called probate, and the person named in the will to manage the estate is called an executor.
Our Practice Areas
01
Elder Law & Medicaid Planning
Thoughtful guidance on long-term care, Medicaid eligibility, asset protection, and the legal matters that come with aging.
02
Wills & Trusts
Estate planning documents designed to protect your assets, honor your wishes, and provide for the people you love.
03
Probate & Administration
Support with probate filings, administration, asset transfers and executor responsibilities.
04
Guardianship
Court representation and protection for loved ones who can no longer make personal or financial decisions on their own.
05
Special Needs Law
Experienced counsel in guardianship and special needs planning. Protecting your child's well-being and the essential benefits they rely on.
06
Wrongful Death Compromise
Guidance for families dealing with the legal and financial consequences following the loss of a loved one.
Need Help Establishing an Estate?
Probate and administration can involve important legal, financial, and procedural responsibilities. Our team can help you understand the process and the next steps involved.