Probate & Estate Administration
Probate Administration Lawyers for Upstate New York
Often our law office is contacted by heirs or other family members after an individual has died. In addition to the grief they are suffering, they are also confused and frustrated. People may not know how the process works, what they need to do, and in which order. Perhaps they’ve been told that they need “Letters Testamentary” but aren’t sure what those are. For your reference, “letters testamentary” is a legal document issued by a court that shows an executor’s legal right to take control of assets in the deceased person’s name. In our role as probate administration lawyers, we can help with a quick probate proceeding and can offer legal representation or legal advice regarding the following:
- Court appointed Executor
- Court appointed Trustee
- Probate court proceedings
When a person dies without a Will and the deceased owned assets in his/her individual name, the result is an intestate administration proceeding in the Surrogate’s Court to appoint an “Administrator(rix)” to handle the estate. If a person dies without a Will, in essence, >New York law makes a Will for you. For example, if you are survived by a spouse and children, the spouse is entitled to the first $50,000 plus one-half of the balance of the estate while the children share the other half equally. >New York law also determines who has priority to act as Administrator(rix). For example, the statute names the following persons in the following order: a) the surviving spouse, b) the children, c) the grandchildren, d) father or mother, e) brothers or sisters, and f) any other persons who are distributees and otherwise are eligible and qualified, with preference being given to the person entitled to the largest share of the estate with certain exceptions. In addition, the applicant for the Letters of Administration will be required to post a bond for the faithful performance of his/her duties with the cost of the premium being an expense of the estate. Although the Surrogate’s Court will become involved when a person dies with a Will, at least you will be able to name the beneficiaries and the percentage or amount you wish them to receive. Also, you will be able to name your estate administrator who is called an Executor or Executrix and you can provide that such person will act without the posting of a bond and avoid this administrative expense. Whether a court proceeding is to probate a Will and issue Letters Testamentary to a nominated Executor or Executrix or appoint an Administrator or Administratrix if there is no Will, the process is complex and requires the assistance of an experienced and knowledgeable attorney to help expedite the proceeding and minimize administrative expenses. Our probate administration lawyers have experience with the many aspects involved in probate and estate administration, which is significant in settling an estate and distributing the assets to your loved ones as soon as possible.
For your benefit this website includes an overview of estate planning so you may better understand the issues involved. We would be happy to advise you on these matters and act as your lawyer in any probate or intestate administration matters. Our attorneys have represented those with probate and estate administration needs in Albany, Rensselaer, Saratoga, Schenectady, Columbia, Washington, Warren, and other surrogate courts throughout upstate New York. Please call or contact our Latham, New York law office to schedule an appointment.
