Probate and Administration
Matthew Lenza, Esq. has over 18 years of probate experience and can apply his extensive knowledge about New York Surrogate’s Court to guide you through the complex process of probating a will and settling an estate. We assist executors and administrators in all steps of the process, including:

Creating a plan of action to probate the estate fairly and quickly. Filing the will with the applicable Surrogate’s Court Assisting family members with estates of persons who died without a will. Closing and opening bank accounts

Valuating the estate Managing and liquidating assets as appropriate Paying taxes and other debts Locating beneficiaries Hiring professionals and experts when necessary

Probate and Administration Service

Losing a loved one is never easy, and dealing with their estate can add a layer of difficulty and sorrow. Our Probate and Administration services exist to assist families in navigating this complex process of administering and dispersing an estate after someone passes. This article will explore their importance and discuss the Probate/Administration process. Finally, we will offer tips for selecting an experienced proctor to lead you on this challenging journey.

The Importance of Probate and Administration Services

Probate and administration services offer invaluable assistance and advice for various reasons. They include:

Assuring that the assets of a deceased are distributed according to their will or, in their absence, state law.

• Identifying and paying any outstanding debts or taxes of the deceased; protecting against fraudulent claims against their estate; safeguarding from fraudulent lawsuits on the estate.
• Safeguarding fraudulent claims on the estate from fraudulent claimants and providing a legal framework for resolving conflicts among heirs and beneficiaries.
• Assuring the estate is managed and administered according to law.

The Probate Process

Probate involves several steps that depend on both the  jurisdiction and complexity of an estate:

1. Filing the Will: To start this process, locate and file a will for probate with the appropriate court.
2. Appointing an Executor or Administrator: In most instances, an executor named in a will is set by the court as their executor; alternatively, an administrator may be chosen if no choice exists and/or if their designated executor cannot or refuses to act in this capacity.
3. Asset Identification and Appraisal: An executor or administrator has the responsibility of identifying and appraising all the deceased’s assets, such as real estate, personal property, bank accounts, investments, or any other valuables that they possess.
4. Notifying Creditors and Settling Debts: As soon as someone passes, an executor or administrator must notify their creditors of the death and settle any outstanding debts or taxes associated with their estate.
5. Distribution of Assets: Once all debts and taxes have been satisfied, an executor or administrator will distribute any remaining assets according to either state law if there is no will or according to what would have been stipulated in their Will.
6. Closing an Estate: Once all assets have been disbursed, an executor or administrator should submit a final accounting to the court and request closure of the estate.

Selecting the Right Probate and Administration Professional

Consider experience, reputation, and communication style when selecting a probate or administration professional. Look for professionals who:

• Are knowledgeable about the laws and regulations governing the probate process in your jurisdiction
• Can effectively communicate complex information and are responsive to your questions and concerns
• Have a solid network of industry connections, such as appraisers, accountants, and tax professionals.

Hiring the appropriate probate and administration professional can ensure a more streamlined and efficient probate process during this trying time.