The administration of an estate deals with the distribution of property after a person passes away. Once the court appoints a fiduciary, that fiduciary must care for, marshal, and distribute the estate pursuant to law.
When a testator leaves a Will, that Will may have to be probated in the local Surrogate’s Court. The notion of probate means to prove the Will presented is what it is purported to be. The process can be pain staking, time consuming, and lengthy. Once the Will is probated, the court will issue Letters Testamentary to the executor. The executor can then start the administration process. Depending on the property left by the decedent, there are some exceptions to the general rule of probating the Will and our firm can assist you with determining if these exceptions apply.
An administration proceeding takes place when the person dies without a Will (Intestacy). The process is similar to probate because it is started in the local Surrogate’s Court. It requires that all next of kin are noticed and there may be hearings. Once the court decides who will be the administrator, the Judge will issue Letters of Administration. At this point, administrator can start the administration process.
For both we are available to walk our clients through the whole process of administering the estate including all legal notices and accountings or just obtaining the requisite letters of administration or letters testamentary.
We can assist you with both Probate and Administration processes. Our experience work in Elder Law has given us vast experience with both processes. Contact us at (631) 756-6006.
Copyright © 2017 SCHNEIDER, GARRASTEGUI & FEDELE PLLC. All Rights Reserved. Powered by WebDesignYou
This is an attorney advertisement. This website is designed for general information only. The information presented on this website should not be construed to be legal advice nor the formation of an attorney-client relationship. Past results do not guarantee future outcome.