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!
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.
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.
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.
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.
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.
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.
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!
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.
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.
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.
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.
While we know that no one loves to hear it, the cost of hiring a probate attorney in Williamsville, or anywhere else in New York State for that matter, can vary significantly. Some attorneys may charge an hourly rate, a flat fee, or a percentage of the estate's value (which is designed to reflect the amount of work that attorney is going to have to put in to complete the probate). We get it - hiring an attorney can seem daunting and really the best way that we can help you get an idea on cost of legal services is to sit down with you and really understand your situation. We can absolutely tell you that hiring an attorney can dramatically decrease the stress and headaches of probate, as well as actually decrease the financial burden by decreasing unnecessary delays. Contact Us and set up a consultation appointment - We are happy to learn more about your situation so that we can give you an accurate cost estimate.
In short, yes! But, there are also ways to make the process of probate easier if probate cannot be avoided. The more that we plan together, the simpler this process becomes and depending on the situation and the tools & documents we use, it can be possible to avoid probate entirely.
If someone disputes a will, there is a whole process that unfolds. There can be a hearing with will witnesses, with various objections filed against the will. These disputes can delay the probate process and can result in significant estate administration expenses! Remember- If we plan ahead thoughtfully, we can do our best to avoid this scenario altogether. Contact us to start carefully constructing your estate plan - This can make a world of difference in avoiding disputes entirely!
Errors in probate, such as failing to obtain “jurisdiction” (a fancy but important term!), failing to handle assets properly, failing to insure and protect assets, failing to inventory assets or handle taxes, debts, estate expenses, and so on, can result in disputes, delays, or even legal action against an executor. Probate involves strict deadlines and procedures, and missing even one step can have serious consequences. Because of the often serious consequences of mistakes, this is really a process that we don’t suggest going through alone. By working with an experienced probate attorney, you can avoid these pitfalls and ensure the process runs as smoothly as possible.
It depends - Several types of taxes might be involved, including personal income tax returns, fiduciary income tax returns, and estate tax returns. There also may be separate business tax filings. We can help you determine which taxes would apply to your situation and help you prepare for these proactively.
While it might seem simple and straightforward at first glance, probate can be (and is often) incredibly complex. Probate is not just reading a will and handing out checks - There is an entire legal process that must be adhered to closely, and an infinite amount of “ifs, ands and buts”. While it is legally possible to manage probate without an attorney, mistakes, such as failing to properly notify heirs or mismanaging assets, can lead to costly delays or even personal liability. Therefore, just because you can doesn’t mean you should. A local probate attorney familiar with courts such as the Erie County Surrogate’s Court or the Niagara County Surrogate’s Court can save you time, money, and stress. If you need help working through the process of a probate, make sure to check out our Probate & Estate Administration page for more details or Contact Us to set up a consultation appointment.
An executor is the person you nominate in your will who will have a right to petition Surrogate's Court to be appointed officially to administer your estate. An executor has fiduciary reponsibilities, meaning they MUST act in the best interest of the estate. This position is not to be taken lightly! It requires great organizational skills, attention to detail, and often great communication skills to work with all family members during an often difficult and stressful time.
No, depending on how well you have planned your estate, your loved ones may not need to go through probate. Contact us to discuss what tools might be beneficial to help you and your family avoid probate, as they are different in each situation!
The probate process can be lengthy even under the best circumstances and this is why we always promote PLAN PLAN PLAN!!! The more we plan, the shorter this process can be. However, generally speaking the length of probate depends on how complex the estate is. Simpler estates take approximately 1 year to fully resolve, while more complex estates (such as owning property in several states, potential disputes or other complications) can take potentially years longer.
As a New York State attorney, Ruth P. George offers legal services and consultations for New York State matters. Probate matters are typically handled in certain counties within New York State. With that being said, sometimes family members live out of state but have a New York State estate matter. We can help in this kind of situation but, as always, would review what we may be able to help you with!
Online forms are generic and don’t account for New York’s unique probate laws or the specific procedures and requirements of local Surrogate’s Courts including Erie County’s Surrogate’s Court and Niagara County Surrogate’s Court, or for your unique situation. At Ruth P. George Law PLLC, we navigate potential obstacles and help you avoid costly mistakes that can occur by using an impersonal online service. We also have great relationships with a number of local professionals, like realtors, cleaning companies, accountants and so on to streamline the probate and estate administration process and ensure no detail is overlooked.
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!
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