Long Island Estate Administration Lawyers

Get Legal Help With a Complex Process

Estate administration in New York often involves probate, which is a notoriously complicated, expensive process. The court must validate the will and verify that all debts are paid. Then, the beneficiaries can receive their inheritance according to the deceased individual’s wishes. Even if your loved one’s estate doesn’t require probate, you should still reach out to an experienced estate administration attorney who can help you with the distribution of assets and repayment to creditors following the death of your loved one.

Whether you are a beneficiary, estate administrator, or another close friend of the deceased, you deserve the peace of mind of knowing that your loved one’s estate assets are disbursed according to their wishes. At Davidov Law Group, we offer a consultation where we can discuss the situation you’re facing in the estate administration process. We will guide you through the court process, help repay estate debts and assist with any estate litigation necessary.

Don’t go through this challenging time alone. Reach out to our knowledgeable and compassionate estate lawyers today at (516) 253-1366.

What Are the Steps of Estate Administration?

If you are the estate executor, you have a fiduciary duty to complete specific tasks according to the decedent’s wishes. Understanding the steps of distributing estate assets and paying debts against the estate is essential so your loved ones are not subject to legal problems. An estate administration lawyer can be a powerful ally as you navigate the various stages of estate administration following a family member’s death.

Some critical steps during the estate administration process are:

Calculating the value of the estate by cataloging and appraising assets held in all estate funds
Paying debts owed by the decedent, including loans and estate tax
Gathering all documents related to the disbursement of estate assets
Distributing the inheritance to beneficiaries according to the expressed wishes of the decedent
Handling burial and funeral arrangements
Determining taxes owed and filing with the IRS

What Are Common Issues in New York Estate Administration?

Administering the estate of a friend or family member can, understandably, be a very trying task. The estate fiduciary or administrator must complete an inventory of the assets and personal property owned by the deceased person and then distribute the funds to creditors and family members who have a right to the estate. However, things become even more complicated when issues arise regarding kinship or disputes over inheritance.

Some common issues that occur during the estate administration process in New York are:

The executor fails to fulfill their fiduciary duty and complete all responsibilities regarding estate administration.
The will is contested by someone close to the decedent, leading to litigation.
Creditor claims and tax debts make resolving the decedent’s debts complicated.
The decedent owned real estate or other personal property in many states, complicating the estate administration process.
The deceased person died intestate, leading to disputes among beneficiaries over who should inherit what.

Because of the many possible complications that arise during estate administration, it is wise to reach out to Long Island’s estate planning law services for legal counsel and representation. Your estate lawyer can help you pay creditors, sort through disputes over the assets, and ensure the decedent’s wishes are carried out properly.

What Do Estate Administration Lawyers Do?

An experienced estate administration lawyer is an excellent ally in your corner when carrying out the wishes for the estate of a friend or loved one. This is especially true in New York, where most estates must go through the probate process, which can be costly and complex.

Some of the benefits of hiring an estate attorney when administering an estate are:

They can quickly identify solutions to disputes that arise among beneficiaries.
Estate attorneys will help inventory the estate assets, so you don’t have to go through this stressful and complicated process.
They can help protect the estate from creditors’ claims and unnecessary taxes.
Your lawyer can simplify the probate process, saving your family time and money.
They will prepare estate and gift tax returns to minimize the tax burden on the estate.

With the complexity of estate administration in New York, it is essential to have legal counsel and representation. Hiring an estate administration attorney is an excellent move to save your family from even more heartache and stress during this already emotional time.

Should You Hire Our Estate Administration Attorneys?

If you face the prospect of administering the estate of a departed loved one, you have our deepest sympathies. We know what it’s like to go through this challenging time, and we are passionate about helping other families get through the estate administration period with as little stress and expense as possible.

Our law firm has received numerous awards for our excellent service, including being named Super Lawyers for the dedication and skill we offer our clients. You can rely on us for counsel and representation when it counts. Please get in touch with our talented legal team to schedule an appointment and discuss your unique situation with our knowledgeable lawyers in person.

We have helped many clients with our 25 years of combined experience, and we can assist you with estate administration. Call (516) 253-1366 today to schedule your consultation!

FAQs About Estate Administration in New York

Estate administration is the legal process of managing a deceased person’s estate and ensuring all debts are paid, and assets are distributed to the rightful heirs. It is a critical part of estate planning that requires attention to detail to navigate complex legal requirements. Read answers to some commonly asked questions about estate administration in New York.

What Is the Role of the Estate Executor or Administrator?

When a will is made, the testator or testatrix (person making the will) names an executor of his or her estate. If the person dies without a will (intestate), the court may appoint an estate administrator. The person designated is responsible for overseeing the entire estate administration process, which may include the following:

Filing with the probate court (Surrogate’s Court)
Identifying and securing assets of the deceased
Publishing a notice to creditors in a court-approved newspaper
Paying all outstanding debts and taxes
Distributing remaining assets to beneficiaries, according to the terms of the will, or if there is no will, pursuant to New York succession laws
Filing the final estate tax returns and any necessary paperwork with the court

How Is an Estate Distributed If the Decedent Left No Will?

A person who passes away without leaving a Last Will and Testament is said to have died intestate. In that case, the property of the deceased is distributed according to New York laws of succession. Inheritance of estate assets is determined according to the relationship of surviving family members to the deceased, as follows:

Surviving spouse and no children: The spouse inherits everything.
Surviving children but no spouse: Assets are divided equally among the children. If a child predeceases the decedent, that child’s share passes to their own children (or the grandchildren of the decedent).
Surviving spouse and children: If a spouse and children survive the decedent, the spouse inherits the first $50,000 of estate assets plus 50% of the balance. The children inherit the rest.
Surviving parents but no spouse or children: If the decedent is survived by one or both parents but leaves no spouse or children, the parent(s) inherit everything.
Surviving siblings but no spouse, children, or parents: In this case, the assets of the estate are distributed among the surviving brothers and sisters of the deceased.

How Long Does Estate Administration Take?

The duration of estate administration can vary widely, depending on the complexity of the estate and whether there are any disputes. On average, it can take anywhere from six months to two years for an estate to be administered and complete. Any of the following factors can increase the timeline:

Large or complex assets: If the deceased had complex or substantial assets, such as businesses, investments, multiple properties, or real estate in different states or counties, it could take longer to administer the estate. Some assets may require detailed appraisals, legal documentation, and coordination with professionals, which can add time to the process.
Probate process: The executor of an estate must be granted authority by the court in the form of Letters Testamentary before they can act on behalf of the estate. Delays in this process may be caused by court backlogs or disputes regarding the validity of the will.
Outstanding debts and taxes: When an estate has significant debts and liabilities, the executor must take time to identify, evaluate, and settle them. This can cause delays, particularly if disputes about debt amounts or creditors are challenging the estate.

Our experienced Long Island estate administration attorneys at Davidov Law Group are passionate about helping families through the estate administration process with as little stress and expense as possible. Call us at (516) 253-1366 to schedule a consultation.