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Estate Administration and Probate Lawyer in Rochester, NY
Estate Administration Services
How We Can Assist with Estate Administration
Estate administration is the overall process of managing and distributing a deceased person's assets. Administering an estate can be overwhelming, especially if you are not familiar the process and with State laws. Hiring an experienced estate administration attorney can assist you with the entire process. Estate administration services include:
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Appointing of selected representative
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Preparing and filing Surrogate's Court documents
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Notifying beneficiaries
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Planning for taxes for estates and trusts and that all tax filings are met
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Ensuring creditor notifications are met
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Assisting with gift and estate tax returns
Estate Administration FAQs
What is the Difference Between an Estate Administrator and Executor?
When it comes to estate planning, understanding the difference between an Estate Administrator and an Executor can be confusing. The Estate Administrator is appointed by the Court if someone dies without a Will and an Executor of Estate is named within a Last Will and Testament. Both the Estate Administrator and Executor roles and responsibilities are quite similar. The Estate Administrator must file a Petition in probate Court and follow the guidelines as set forth by New York State Law. On the other hand, an Executor is appointed directly by the deceased person in their Will, giving them more autonomy and control over the estate’s distribution of assets according to specific wishes stated in the Will. This is why it is important to have a well-crafted estate plan in place to ensure that your wishes will be carried out as you intended rather than a Court deciding on how your estate is handled.
What is the Difference Between Probate and Estate Administration?
Probate and Estate Administration are often used interchangeably, but they are distinct legal processes in handling a deceased person’s affairs. The Probate process is only one part of the Estate Administration process. The Estate Administration process includes compiling of assets and managing an estate of a deceased individual through Probate. Probate is the formal legal process when the Surrogate’s Court validates a Will and supervises the distribution of assets to the deceased person’s beneficiaries as outlined in the Will according to New York State law. Probate is usually the first step that begins the Estate Administration process. If there is no Will, the Court will assign an Administrator to manage a deceased individual’s estate. After the Will is validated by the Court, the Estate Administration process can begin.
What is the Estate Administration Process?
The Estate Administrator (normally the Executor) must perform certain tasks according to State law. The compiling of assets and managing an estate of a deceased through Probate Court can be complicated. If you are appointed the Estate Administrator, your first responsibility will be to provide the Court with the original Will and a list of names designated as the deceased’s beneficiaries. Here is a brief list of responsibilities:
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Have all assets appraised to determine their value
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Identify and collect assets
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Verify and pay all debts
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Prepare court documents
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Communicate with the heirs and beneficiaries about the estate
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Distribute assets to beneficiaries
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Resolve any disputes that may arise
Who is Involved in the Estate Administration Process?
The entities involved in the Estate Administration process are:
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Estate Planning Attorney
Most of the work involved in administering an estate falls on the attorney that is representing the estate of the deceased. The Estate Planning attorney will marshal the assets, have them appraised, gather the unpaid bills accumulated by the deceased, decide which bills will get paid and which one’s will not, and the then puts together an accounting document which will show what all the beneficiaries are entitled to. A document called a Receipt and Release, together with a check with the beneficiaries’ share of the estate is sent by the estate’s attorney. The beneficiary then signs and returns the Receipt and Release, which shows that he has been paid his share of the estate and releases the Estate Administrator from all liability.
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Surrogate's Court
The Surrogate's Court appoints the Estate Administrator and issues Letters of Testamentary, or Letters of Administration which authorizes the Administrator to act on behalf of the deceased.
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Estate Administrator
An Estate Administrator is the legal representative of the deceased—often a surviving spouse, family member, the Executor named in the Will, or an attorney. A person must appear in front of the Surrogate’s Court to petition for the right to be appointed as the Estate Administrator.
How Long Does the Estate Administration Process Take?
The Probate and Estate Administration processes in New York State can take between seven months and three years. The duration of the process varies and is based on the estate's complexity, the existence of a Will, and the volume of Probate cases in the estate. if the Estate Administrator makes distribution of the estate’s assets before seven months, there may be some personal liability. The estate should not be settled before seven months after the person has been deceased, since creditors are allowed that amount of time to file a claim against the estate.
Is an Estate Administrator Compensated?
Yes, acting as an Executor or Administrator of an estate is a complex and time-consuming process. Therefore, New York State law will determine how much the Administrator is paid. The fee structure is typically a percentage of the gross value of the estate. If the Administrator is required to handle additional duties such as litigating a lawsuit or managing the sale of properties, additional compensation will be paid.
Probate Law Services
How We Can Assist with the Probate Process
We can assist and guide you through the sometimes overwhelming probate process and represent you in court proceedings. How we can serve you:
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Validating and filing the will with the probate court
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Getting you formally appointed as the executor
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Notifying all creditors and beneficiaries
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Ensuring that the estate complies with state laws.
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Gathering, identifying, and taking inventory of the deceased person's assets and liabilities, and obtaining property appraisals.
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Liquidating the deceased person's property.
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Paying the deceased's person's final debts and collecting any final assets.
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Filing the deceased person's final tax returns.
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Disputes or conflicts that may occur between the deceased person's heirs.
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Distributing remaining assets to the rightful heirs.
Probate FAQs
What is Probate?
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.
What is the Probate Process?
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.
STEP 1 - A Petition for Probate Must be Filed
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).
STEP 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 Estate Administrator to manage the estate who is typically the surviving spouse, a parent, an adult child, or sibling. The Executor or Estate Administrator is responsible for gathering and protecting the assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries.
STEP 3 - Heirs and Beneficiaries are Notified
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.
STEP 4 - An Inventory of Assets is Taken
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.
STEP 5 - Debts, Taxes, and Expenses are Paid
The Executor or Estate 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.
STEP 6 - File a Closing Statement with the Court
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.
What are Probate assets?
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.
Do IRA, 401K, or life insurance benefits go through Probate?
No, these are not considered Probate assets. When you took out your retirement accounts or your insurance policies you named a beneficiary. It's always important to occasionally check these accounts from time to time to make sure you still want to keep that person as a beneficiary.
What is the difference between an Executor and Administrator?
An Executor is an individual you designate in your will to manage your estate The key distinction lies in whether the deceased left a will or not. If someone passes away without a will, the State of New York has a default will in place. In this case, the person appointed by the State to oversee the estate is known as Administrator.
Is the Probate process necessary?
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.
Are there ways to avoid Probate?
People often want to avoid the cost, expense, time-consuming tasks, and public process of Probate. There are many ways to avoid Probate including jointly owned property and use of trusts.
Be Proactive – Proper Estate Planning is Crucial
The Probate and Estate Administration process begins long before a loved one passes away. By creating a thorough and legally binding Estate Plan that meets your unique requirements, you can ensure that the management of your estate proceeds smoothly. A thoughtfully designed Estate Plan not only reflects your wishes but also reduces the likelihood of disputes and issues for your heirs. By taking these proactive measures, you can enjoy peace of mind knowing your estate will be handled as you intended.
The Estate Planning attorneys at Ronald J. Axelrod & Associates can help you with every aspect of the settlement of an estate—from Estate Administration to handling all Probate legal matters, including preparing a final accounting. We work diligently to identify the best legal solutions for you that address your needs, anticipate potential legal issues, and devise a plan to confront them. Our Estate Planning lawyers and paralegals will professionally handle the Estate Administration process, including Probate so that you can avoid delays and unnecessary expenses. And if you are a beneficiary, we will ensure that your rights are protected and see that you receive your inheritance as intended by the deceased. Let our legal team create an Estate Plan designed specifically for your needs. Call us today at (585) 203-1020 or contact us by email.
