Let's Talk Probate & Estate Administration.

The process of probate and administering an estate for a loved one who has passed can be confusing and can have many moving parts. This process is also a family affair, and as such can have many personalities, sensitivities, hopes, and opinions. At Ruth P. George Law PLLC, we aim to simplify the probate process by educating, planning proactively whenever possible, and creating a crystal clear path that both minimizes tax and maximizes benefit to your loved ones. Schedule a consultation at our Williamsville office, or feel free to give us a call and we are happy to help you in the right direction!

Probate, Simplified.

To start, probate is generally referred to as the legal process that is worked through after a person passes away. If you have assets in your name, minor children in need of guardianship appointments, assets that come in after death, or you have a legal proceeding that your estate needs to handle, an estate needs to be opened in Surrogate's Court. Probate is a process and can take some time - Your will needs to be approved, assets need to be gathered and inventoried, any outstanding debts and/or taxes are assessed, and your assets are eventually distributed according to either the terms of the will, or New York State. If there are issues, your family can wind up in long, drawn out court proceedings that can divide families and add undue stress to an already stressful grieving process. Probate can be a long and complex process, but working with an effective team and supportive, experienced probate attorney can make all the difference. We help you understand the overall process and work side by side with you for a successful and efficient estate conclusion.

What is the Probate Process Like?

Every estate is different, but generally speaking there are similar steps for every probate and estate administration. We've outlined them below for you to give you a guideline.

Speak with a Probate Attorney

First thing's first - Talk to someone who experiences the legal side of probate on a consistent basis and understands how important it is to tackle the process with a game plan before any other steps take place! This includes understanding the structure of communication and the importance of establishing the team carrying out the estate administration.

Filing the Petition

A petition is filed by your nominated executor or other qualified person to open your estate. Every petition is different and depends on the facts and circumstances at the time of the person's passing.

Notifying Heirs

When opening an estate, there is work to be done! Proper parties such as family, next of kin, and other potential beneficiaries are notified. This process is completely unique for every estate and working with an attorney can help you determine who needs to be contacted in your estate's specific case.

Will Validation

The court reviews your petition and all of the various documents that must be submitted in order to determine if a fiduciary appointment can be made. There could be items that are insufficient or further clarification might be needed during this step, which can sometimes add time and complexity to this stage.

Taking Inventory

All of your assets and debts are inventoried. This can include real estate, business interests, valuables, financial accounts, bank accounts and other assets. Every estate is unique in its inventory, and depending on the situation may or may not include everything you'd think!

Debts & Taxes

Taxes, debts, and administration expenses are reviewed with appropriate actions taken. There can be any number of responsibilities addressed during this step. Your executor can play a key role in making sure that this step goes as smoothly as possible.

Asset Distribution

All assets remaining are distributed to your heirs and beneficiaries in accordance with your will, or in accordance with the New York State statute if you do not have one. Communication is critical during this step and having an experienced legal team working with your executor can make all the difference.

Closing

Congratulations! You have made it to the conclusion of your estate administration! It is not an easy task, and we are always honored that families work with us through this often difficult process. Estates can be closed in different ways, and you can work with your attorney to determine the smoothest way for your estate.

Every Family, and every Probate is Different.

While probate in New York State has the same general process, every family going through this process is unique. Working with an experienced probate attorney is critical to make sure that small details don't get missed. Are there family members that have been removed from the will? Are there trusts involved? What if there were debts that weren't taken into account? What if an heir disputes the will? These questions require a steady hand guiding you through the process. At Ruth P. George Law PLLC, we understand how to navigate every scenario so that legacies stay in tact and potential family conflicts can be avoided. Looking to learn more about creating a thoughtful estate plan to ensure a smooth probate process for your own family? Learn more about estate planning here.

Your Probate & Estate Administration Questions, Answered.

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Have a Question? Just Ask!

Estate planning and probate can be tricky, and it can be tough figuring out where to start. That's why we're happy to answer any of your questions to help guide you on your journey. Feel free to send us a message through our secure form and we will get in touch with you as soon as possible!