Probate Administration Lawyer

When an individual dies, their family members or intended beneficiaries may need to go through a court-supervised process before the deceased person’s assets can be distributed. If the individual died with a will, the court process is known as Probate. The objective of probate is for the court to determine the validity of the will and confirmation of the executor named under the will.

If the individual died without a will, the court process is known as Administration. The objective of the administration process is to determine the heirs to inherit and the appointment of an administrator to be in charge of handling the tasks necessary to settle the decedent’s assets. Under either court-supervised process, the executor or administrator’s job is to collect estate assets, pay debts, file taxes, and properly distribute the estate assets per the decedent’s will or per state default rules of inheritance.

Whether you are the named executor under someone’s will or next of kin looking to be appointed the administrator of an estate, you must retain skilled legal counsel to assist with the process. That is where the experienced team at Pitta & Baione LLP comes in. We can help with each step of probate administration, ensure the laws and estate documents are followed, and properly settle and close the estate.

Probate Lawyer Near Me

Pitta & Baione LLP is headquartered at 120 Broadway, 28th Floor, in Lower Manhattan. Local landmarks include the New York Stock Exchange, Wall Street, and Federal Hall. We are also close to the 9/11 Memorial and Museum, Zuccotti Park, and historic Trinity Church.

What Is a Probate Administration Lawyer?

Probate can be challenging, and not just because of the complex rules associated with it. If you are a relative of the deceased and you are in charge of the estate, you are likely undergoing grief and perhaps financial struggle. A probate administration attorney can alleviate these difficulties by helping you settle the estate.

More specifically, your lawyer can:

• Prepare and file all court documents required for the court process of Probate or Administration.
• Assist you, as the estate executor or administrator, in fulfilling your legal duties.
• Identify, organize, and secure all estate assets until probate is complete.
• Gather all life insurance policy proceeds and ensure the correct individuals receive them.
• Pay estate taxes, if they apply, and the decedent’s final income taxes.
• Determine whether there are any inheritance or estate taxes and ensure they are paid on time.
• Conduct property appraisals, which is a necessary step during probate.
• Review any debts claimed against the estate and help you decide which are valid and should be paid.
• For assets that are to be distributed to beneficiaries, re-title them in the beneficiaries’ names
• Communications with beneficiaries.
• Make sure all final estate distributions are made.
• File all court paperwork and serve copies on anyone entitled to receive them.

What Is the Difference Between a Probate Lawyer and an Executor?

An executor is someone who is specifically chosen and named in a Last Will and Testament to manage the estate during the probate process. (If there is no will, then the court appoints an administrator). Although the executor can try to probate the will on their own, it is strongly advised that they retain a probate lawyer to assist due to the complexity of the court requirements.

The executor is considered a fiduciary, meaning the law entrusts this person with a great deal of responsibility to act on behalf of others (in this case, the estate and its beneficiaries). Some of the executor’s responsibilities include:

• Taking control of and securing estate property
• Accessing and managing funds held in bank accounts
• Filing the decedent’s estate and personal income tax returns

The probate lawyer assists with these and other tasks by representing the executor. Beneficiaries to the estate may hire a probate lawyer if they believe the executor is breaching their fiduciary duties or otherwise not doing a good job.

How Do You Find a Good Probate Administration Lawyer?

Not just any lawyer can help you administer an estate. While traffic lawyers can help with tickets and family lawyers can assist with divorce, the attorney you hire should specifically be experienced with estates and probate matters.

As you search for a probate administration lawyer to work with you concerning the estate, keep the following in mind:

• Ask family, friends, and colleagues for referrals: If you are unsure where to get started in your search, ask others you know who have used a probate administration attorney. This can at least help you begin your search, but be sure to review the attorney’s experience and skills on your own.
• Look for someone who clearly communicates: Probate, wills, and estates – all of these necessarily involve sometimes complex legal concepts. You should feel comfortable asking questions about them, along with how probate works, and if you do not get sufficient and clear answers, the lawyer may not be right for you.
• Do not be afraid to do some of your own work: As an executor, you must minimize estate expenses and liabilities wherever possible to preserve more of it for beneficiaries. A great way to do this is to keep lawyer fees low by handling certain matters yourself, and your lawyer should respect this while providing guidance and handling more complicated issues as needed.

Questions to Ask a Probate Administration Lawyer

These are some questions you can ask in your initial consultation with your probate administration lawyer to better understand your next steps.

How Long Does the Probate Process Take?

Every estate is different, but probate roughly follows the same general steps. The entire process can take anywhere from several months to a few years. Factors that affect the timeline include the complexity of the estate and its assets, whether the beneficiaries have any disputes with one another or the executor, and the schedules of the lawyers and judges.

How Can I Update My Beneficiaries to Prevent Inheritance Disputes?

As an executor, you must communicate regularly with beneficiaries as probate progresses. Failure to do so invites suspicion and possibly legal action against you. It may also cause the beneficiaries to turn on one another. You can minimize such risks by taking these steps:

• Educating yourself on New York probate laws, including those that concern the executor’s duties
• Communicating frequently and in a transparent manner with all beneficiaries, inviting questions and communications from them
• Using mediation to handle any disputes and, if necessary, to resolve any lawsuits filed against you
• Documenting all communications with beneficiaries as well as steps that you take during probate
• Retaining an experienced probate administration lawyer to assist you

How Are My Debts Paid through Probate?

If you have executed a Last Will and Testament, you have probably given thought to who will inherit your property, but any debts you leave behind must be taken care of as well. In New York, there is an order to how a person’s debts should be paid off. From first to last, they are:

• Funeral costs (within reason) and expenses related to estate administration
• Debts owed to the federal government
• Debts owed to the state
• Property taxes that were assessed before the person died
• Court judgments, decrees, and bonds issued to the decedent before their death
• Any and all other contractual debts

How Much Does a Probate Lawyer Cost?

As with the expected timeline, the answer to this question will also vary from one estate to another. It also depends on how the lawyer bills you. Some attorneys charge by the hour, others use a flat fee, and still others use a commission structure. You should be clear about two specific things regarding your attorney’s costs:

• How are the lawyer’s fees charged to you – hourly, flat, or commission?
• What services are you paying for (and, related, which services are excluded)?

Learn about what your probate attorney does and about how much it will cost before retaining them.

If You Need a Probate Administration Lawyer, Call Us

Are you the executor under the Will or next of kin looking to become the administrator of an estate, and you are not sure where to begin? It is time to speak with a probate lawyer.

Pitta & Baione LLP is here to assist by making probate less of a burden on you. Reach out to us today to get started.