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Probate & Estate Administration Process

The first task in a probate proceeding is to appoint a responsible party to manage the estate. This person is the personal representative. The personal representative is usually named in the will. Estate Administration in New York requires the personal representative to gather the deceased assets, pay the deceased’s debts and distribute the remaining assets to the heirs.

Probate Proceedings

A probate proceeding can be either formal or informal. An informal proceeding requires the personal representative to file basic paperwork, ask the court to appoint a person to manage the estate, pay the debts, distribute the assets and ask the court to approve the distribution. The court may approve the estate without a hearing and simply by a review of the papers filed. In other cases, a formal probate hearing is necessary. A probate hearing requires the personal representative to appear in court, review the documents with the judge and ask the judge to approve the disposition of assets.

Estate Administration & The Personal Representative

The personal representative begins the probate process by documenting the decedent’s assets. This documentation is called the inventory. The personal representative must also notify the decedent’s creditors that the decedent has died. If the decedent has assets to pay the creditors, the personal representative will pay them from the estate. If the probate assets are insufficient, the personal representative may need to obtain court approval to determine which creditors should be paid. An attorney may be necessary to assist the personal representative with Estate Administration in New York. If any assets are left after the creditors have been paid, those assets are distributed according to the will. The personal representative will also file any necessary tax returns.

Estate Administration Attorneys & Lawyers

The Estate Administrative Attorneys & Lawyers at Leeds Morelli & Brown, in New York City and Long Island NY, are available to answer your questions regarding the estate administration process. Talk to Us, the New York Contested Estate and Estate Planning Law Firm, at 1-888-5-JOBLAW or 1-516-873-9550. We represent clients in NYC, Manhattan, Queens, Nassau County, Suffolk County and surrounding communities.

The keys to our success are hard work, dedication and outstanding client service. We try to accommodate clients by offering extended office hours, Spanish translation services and flexibility with client payment terms. Leeds Morelli & Brown has offices in Nassau County and represents clients throughout Long Island, including Suffolk County.