Fratello Law

Probate Attorney in Freeport, NY

Get Your Family Through Probate Without the Stress

When you’re dealing with loss, probate shouldn’t add to your burden. Our experienced probate attorneys handle the legal complexities while you focus on what matters most.

Estate Settlement Freeport NY

Your Estate Gets Settled Right the First Time

You won’t spend months chasing paperwork or wondering what happens next. We handle everything from filing the initial petition to distributing final assets, so your family can move forward with certainty.

Most families in Freeport face a 15-month probate timeline, but we’ve streamlined the process to avoid common delays. You’ll know exactly where things stand at every step, with clear communication and realistic expectations.

The result? Your loved one’s wishes get honored, assets reach the right people, and your family avoids the disputes that tear families apart during already difficult times.

Freeport Probate Law Firm

We've Been Guiding Freeport Families Since 2012

At Fratello Law, we understand what Long Island families face when settling estates. We’ve helped hundreds of families in Freeport navigate probate, from simple cases to complex situations involving multiple properties and family dynamics.

Our team knows the local Surrogate’s Court procedures, the common issues that arise with Nassau County estates, and how to protect your family’s interests. We speak Spanish and Italian, reflecting the diverse community we serve.

What sets us apart is our commitment to accessibility. We come to you – whether that’s your home, a hospital, or nursing facility – because we understand that grief doesn’t follow business hours.

Probate Process Freeport NY

Here's How We Handle Your Probate Case

First, we review the will and assess your situation during a free consultation. We’ll identify potential issues early and create a clear roadmap for your case.

Next, we file the necessary paperwork with Nassau County Surrogate’s Court, including the original will, death certificate, and probate petition. We handle all the legal requirements and deadlines so nothing gets missed.

Then we manage the entire administration process – notifying beneficiaries, paying debts and taxes, and preparing the final accounting. We keep you informed throughout and handle any complications that arise.

Finally, we distribute assets according to the will’s instructions and close the estate. Your family gets the inheritance they’re entitled to, and you can focus on healing rather than legal procedures.

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Probate Administration Freeport NY

What's Included in Our Probate Services

You get complete probate representation from start to finish. We handle executor appointments, asset inventory, creditor notifications, and all court filings required by New York law.

For Freeport families, this often means dealing with valuable real estate assets. We understand local property values and can coordinate with real estate professionals when estates include the family home or rental properties.

We also provide ongoing support for complex situations – contested wills, missing heirs, or business interests that need special handling. Our bilingual services ensure every family member understands the process, regardless of their primary language.

Most importantly, we offer flexible scheduling and home visits because we know probate doesn’t pause for convenience. Whether you need evening appointments or weekend consultations, we’re here when your family needs us.

How long does probate take in New York?

Most probate cases in New York take 7 to 15 months, but this depends on several factors. Simple estates with clear wills and cooperative beneficiaries can sometimes be completed in as little as 3-6 months. However, complications like contested wills, missing heirs, or difficult-to-sell assets can extend the process to 2 years or more. Real estate with tenants who refuse to leave can add 6+ months due to New York’s eviction procedures. The key is working with an experienced probate attorney who can anticipate delays and keep your case moving efficiently. We’ve developed systems to minimize common holdups and keep families informed throughout the process.
While New York doesn’t require a probate attorney, trying to handle probate alone usually creates more problems than it solves. The court paperwork is complex, deadlines are strict, and mistakes can delay your case for months. Executors who attempt probate without legal help often face complications they didn’t anticipate – from creditor claims to family disputes to tax issues. These problems typically cost more to fix than hiring an attorney from the beginning. An experienced probate lawyer knows how to navigate the Surrogate’s Court system, anticipate potential issues, and protect your interests. We also handle the time-consuming tasks so you can focus on your family during this difficult period.
Will contests can significantly delay probate, sometimes for years. Common grounds for challenging a will include claims of undue influence, lack of mental capacity, or improper execution under New York law. When a will is contested, the court must resolve the dispute before probate can proceed. This involves discovery, depositions, and potentially a trial. The process is expensive and emotionally draining for families. However, many will contests are resolved through negotiation rather than trial. We can often identify weak challenges early and work toward settlement, minimizing delay and cost while protecting the estate’s interests.
Probate costs in New York include court filing fees, attorney fees, and executor commissions. Filing fees are based on estate value, starting around $1,000 for smaller estates and increasing with size. Attorney fees are typically charged hourly or as a percentage of the estate value. Executor commissions are set by New York law – roughly 4% on the first $100,000, 3.5% on the next $200,000, and decreasing percentages on larger amounts. The total cost usually ranges from 3-7% of the estate value, depending on complexity. While this may seem significant, proper legal representation often saves money by avoiding costly mistakes and delays that can plague unrepresented estates.
Assets that must go through probate include anything owned solely by the deceased without a beneficiary designation. This typically includes bank accounts in their name only, real estate owned individually, personal property, and investments without transfer-on-death provisions. Assets that avoid probate include jointly owned property with rights of survivorship, life insurance with named beneficiaries, retirement accounts with designated beneficiaries, and assets held in trust. For Freeport families, the family home is often the largest probate asset. If the deceased owned the home individually, it must go through probate even if the family wants to keep it. Proper estate planning can help future families avoid this requirement.
Yes, you can sell real estate during probate, but you need court approval first. The executor must petition the Surrogate’s Court for permission to sell, providing details about the proposed sale and demonstrating it’s in the estate’s best interest. The court typically requires an appraisal and may mandate specific sale procedures to ensure the estate receives fair value. This process can add 2-3 months to a typical real estate transaction. However, selling during probate is often necessary to pay estate debts, taxes, or to distribute proceeds among beneficiaries. We can streamline this process and coordinate with real estate professionals to ensure the sale proceeds smoothly while meeting all legal requirements.