top of page
The letters RA in white on the Estate Planning banner

ESTATE ADMINISTRATION
& PROBATE
 

Experienced Probate Lawyer in Rochester, NY

 ROCHESTER, NY'S PROBATE ATTORNEY FOR OVER FOUR DECADES 

If you're dealing with someone's estate as an executor, administrator or beneficiary, you have probably been involved in the probate of that estate. Many people aren't sure what probate means, if it is necessary, or what it involves. When a loved one dies, you’ll need to file their will with the county Surrogate’s Court where they lived, as well as petition the Court to have someone appointed Executor. This starts the probate process. Here is what you'll need to know about the probate process in New York State and how you may avoid it.

_Axelrod Triangle Light Green_edited_edi

Q&A ABOUT ESTATE ADMINISTRATION IN ROCHESTER, NY

Q: What is Probate?

A: ​Probate is the legal process of transferring title to someone's assets after they pass away. The probate process involves sorting out their assets, paying off any debts, and making sure everything is done properly. In New York, the Surrogate's Court oversees this process. They check the legitimacy of the will, select someone to manage the estate, and ensure that the deceased person's assets are distributed according to their wishes when there is a will or that’s in accordance with what New York State laws dictate when there is no will.

Q: What are Probate Assets?

A: ​Probate assets are assets titled only in the deceased's name. Jointly titled assets, life insurance, IRAs and 401Ks are not individually owned assets, as they all have beneficiary designations which dictate to whom the assets are paid after you pass away. You cannot leave someone your IRA by saying so in your will. Those assets will be paid to the beneficiary you designated when you took out the IRA proceeds. Most people are surprised to learn that often a majority of their assets are by a beneficiary designation and not by their will.

Q: Is the Probate Process Necessary?

A: ​Not all estates require a full probate. Small estates that have been valued under $50,000 (excluding real property) can be settled through a simplified process called 'small estate administration'. As stated above, if the deceased person had a trust or had jointly owned assets, the probate process may also be avoided.

Q: How Does Probate Work?

A: ​Here are the key steps in the NYS probate process.

1. Petition for Probate 

To begin the probate process, the executor named in the will (if there is a will) or the administrator (if there is no will), must file a Petition with the Surrogate’s Court in the county where the deceased resided, together with a certified original death certificate and the original will. The Petition includes details about the deceased, their family members, their assets, and their beneficiaries (who may or may not be family members).

2. An Executor or Administrator is Appointed

If the will is deemed valid, the Court appoints an executor, who is usually the nominated executor in the will. If the deceased did not leave a will, the Court will appoint an administrator to manage the estate who is typically the surviving spouse, a parent, an adult child, or sibling. The executor or administrator is responsible for gathering and protecting the assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries. 

3. Notify Heirs and Beneficiaries

​​The Petitioner must notify all interested parties, including heirs and beneficiaries of the probate proceeding. This is typically done through a citation, which is a formal notice issued by the Court. In the alternative, the next-of-kin or the family can sign a document waiving this formal notice and consenting that the will be admitted to Probate.

4. Inventory of Assets

​It is the responsibility of the executor or administrator to compile an inventory of the deceased’s assets. This accounting will include both probate and non-probate assets. If there are items that are of significant value, appraisals may need to be obtained. This inventory list must be filed with the Surrogate’s Court, which will ensure that all assets are accounted for before being distributed. The Court also charges a filing fee based on the value of the assets. This is one of the reasons to avoid probate. If the deceased had a living trust, the Executor or Administrator would not have to pay the court filing fees.

5. Pay Off Debts, Taxes, and Expenses

​The Executor or Administrator is responsible to use the estate's assets to pay any outstanding debts, taxes, and fees (such as funeral expenses and attorney fees). Depending on the estate's value, state and Federal taxes may apply. If the decedent's bills exceed the available cash, the Executor or Administrator may have to liquidate assets to pay them.

6. Closing the Estate

​Once the assets have been distributed, the Executor or Administrator must file a Closing Statement with the Court, signifying the completion of the probate process. Yes, it is a lot of paperwork, but that is what the estate planning attorneys at Ronald J. Axelrod & Associates and their experienced paralegals do.

Q: How Long Does the Probate Process Take?

A: ​The probate process in New York State will take at least 7 months because that is the amount of time that creditors have to make claims against the estate, once you’ve initiated probate. The average probate process takes between 9-18 months, depending on the estate’s complexity.

Our Rochester, NY, Probate Attorneys are Here to Help

At Ronald J. Axelrod & Associates, we are here to help in both the estate planning and probate processes. Our goal is to make settling an estate as easy as possible. Please call our office to schedule an appointment at (585) 203-1020.

EXPLORE OUR ROCHESTER, NY LEGAL SERVICES

The legal team at Ronald J. Axelrod, & Associates, Business lawyers in Rochester, NY, will handle all of the legal services you'll need to help your business to succeed—from starting a business to buying or selling one.

If you've been thinking about buying or selling residential home or commercial property, our Rochester, NY, real estate law firm team can help. Our team has over 35 years of experience in the Rochester, NY, real estate law field.

CONTACT US

What We Do

  • Preparing a Petition to submit the decedent’s Will to the Court to commence the probate process and have the Executor formally appointed.

  • Identifing the decedent’s next of kin and people entitled to notice of the appointment of an executor

  • Identifing and help value the estate assets and validate any outstanding debts.

  • Coordinating with the decedent’s accountant and financial planner to locate assets and identify beneficiaries.

  • Assist in preparing receipts of legacies and preparing final paperwork to close out the estate.

Traffic Stop with a young man in car by Police Officer

Traffic and Town Court Matters

Rochester, NY, Lawyer for DWI, Traffic Court, and More

Too often, people think they can handle traffic court matters by themselves, only to find out later that what they've done may have a serious negative effect when they attempt to obtain auto insurance, or get it at an affordable rate. Our job at Ronald J. Axelrod & Associates is to negotiate with the District Attorney's Office to get you the best outcome possible. We also help our clients with small criminal offenses and domestic violence matters that may have gotten out of hand. Our team also deals with legal matters that involve cases where our clients were charged with driving while intoxicated (DWI). CONTACT US for more information.

Our Rochester, NY, Legal Services Focus MERGE

Small Business Attorney Services

The Rochester, NY, Small Business Lawyer, Ronald J. Axelrod, serves businesses that may not be large enough to have their own in-house legal team. 

Estate Planning & Probate Services

We're the Rochester, NY, Estate Planning attorneys to turn to so that your assets are protected, are not lost, and are distributed to your heirs according to your exact wishes.

Asset Protection for Nursing Home Care

Our Medicaid planning attorneys in Rochester, NY, will assist you in protecting your assets when moving into a nursing home or needing home healthcare is eminent.

Real Estate Law

If you are buying or selling a residential or commercial property, you can count on Ron Axelrod to have your back when it comes to Real Estate Law transactions. 

Business attorney with business owner signing a contract

Law Firm in Rochester, NY  
Ronald J. Axelrod & Associates
290 Linden Oaks
Suite 200
Rochester, NY 14625

Ronald J. Axelrod & Associates Logo RA graphic

DISCLAIMER: This website is for informational purposes only, nor is it intended to be legal advice. Using this site or contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. This site is legal advertising.

  • Facebook Clean
  • LinkedIn Clean
Rochester, NY, Small Business Law Firm with expertise in Elder Law, Medicaid Planning and Asset Protection, Estate Planning, and Real Estate Law serves these locations: Rochester, NY, Pittsford, NY, Brighton, NY, Penfield, NY, Fairport, NY, Victor, NY, Greece, NY, Gates, NY, Irondequoit, NY, Webster, NY, Buffalo, NY, Monroe County, Wayne County, Ontario County, and Erie County

© 2024 by Ronald J. Axelrod & Associates, P.C. All rights reserved.

Website Design by Artistic Vision Design 

bottom of page