Fratello Law

Probate Attorney in Centereach, NY

Get Through Probate Without the Overwhelm

Clear guidance through every step of New York’s probate process, from filing petitions to final distribution – so you can focus on what matters most.

Centereach Probate Process Guidance

What You Get When Probate Actually Works

You’re not drowning in paperwork anymore. The Surrogate’s Court requirements make sense. Your family isn’t fighting over every decision.

When probate is handled properly, you get your loved one’s affairs settled efficiently and according to their wishes. No more sleepless nights wondering if you’re missing something critical or making costly mistakes.

The estate gets distributed correctly, debts are paid in the right order, and you can finally close this chapter knowing everything was done right.

Long Island Estate Administration Attorneys

We Know What You're Going Through

We’ve been guiding Long Island families through probate for over a decade. We understand the unique challenges of Suffolk County estates and the specific requirements of New York’s Surrogate’s Court system.

Our team speaks Spanish and Italian, and we come to you – whether that’s your home, a hospital, or nursing facility. We’ve seen every type of family situation and estate complication.

What sets us apart is simple: we treat your family’s legal needs with the same care we’d want for our own.

New York Probate Process Steps

Here's How We Handle Your Probate Case

First, we review the will and gather all necessary documents – death certificate, asset information, and beneficiary details. We prepare and file the probate petition with Suffolk County Surrogate’s Court.

Next, we handle the legal notifications to all beneficiaries and distributees, obtain letters testamentary, and begin the asset collection process. We work with banks, insurance companies, and other institutions to transfer assets properly.

Finally, we manage creditor claims, pay estate debts and taxes, prepare the final accounting, and distribute assets to beneficiaries according to the will or New York intestacy laws.

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Suffolk County Probate Legal Services

What's Included in Our Probate Services

We handle every aspect of probate administration from start to finish. This includes preparing and filing all court documents, managing asset inventories and appraisals, and coordinating with financial institutions.

In Suffolk County, we’re familiar with the specific requirements of the Riverhead Surrogate’s Court and local practices that can expedite your case. We know which judges prefer certain documentation formats and how to avoid common delays.

Our service includes ongoing communication with beneficiaries, creditor negotiations, tax preparation assistance, and final estate distribution. We also handle any disputes that arise and can represent you in estate litigation if needed.

How long does probate take in New York?

Simple estates with uncontested wills can be completed in three to six months, while complex cases involving contested wills can take years. The timeline depends on several factors including the size of the estate, whether all heirs can be located, and if appraisals are needed. In New York, the duration varies based on the complexity of the estate, the court’s caseload, and any disputes that arise. We work efficiently to move your case through the system as quickly as possible while ensuring all legal requirements are met. Most of our Centereach clients see their probate cases resolved within 9-15 months for typical estates without major complications.
While a probate attorney isn’t required under New York law, legal assistance can save time and effort by ensuring paperwork is completed properly and everyone receives required notifications. The process involves strict deadlines and specific legal requirements that can be costly to get wrong. An experienced New York probate attorney can help you navigate the complexities and ensure all legal requirements are met, providing valuable guidance throughout the process. This is especially important if the will is contested or if there are disputes among beneficiaries. Given the complexity of New York’s probate laws and the potential for personal liability as an executor, most families find professional guidance invaluable.
If someone dies without a will, an administration proceeding must be filed. When a person dies intestate (without a will), a family member or friend must petition the court for the right to act as administrator. The heirs-at-law are individuals entitled to inherit according to intestacy law, typically including surviving spouses, children, grandchildren, parents, or siblings. New York’s intestacy laws determine who gets what portion of the estate. The administration process is similar to probate but follows state law for asset distribution rather than the deceased person’s wishes. This often leads to outcomes the deceased wouldn’t have wanted, which is why having a will is so important.
Letters testamentary are the legal documents that give a person the authority to act as executor of an estate. When the court validates a will, it issues letters testamentary to the nominated executor, who is then authorized to collect the decedent’s probate assets. You need these letters to access bank accounts, sell property, pay debts, and handle any financial matters related to the estate. Banks, insurance companies, and other institutions require them before they’ll work with you. The court may also issue preliminary letters testamentary when there are delays in probating a will or when assets need immediate management. We help you obtain these documents quickly so you can begin managing the estate’s affairs.
The filing fee is based on the dollar value of the estate. The executor is allowed to be paid a commission for their time and effort, with the commission determined based on the size of the estate. In New York, executors and administrators are entitled to reasonable compensation based on a sliding scale specified by the Surrogate’s Court Procedure Act. Attorney fees are separate and typically based on the complexity of the estate and time required. Court costs, appraisal fees, and other administrative expenses are paid from the estate. We provide transparent fee structures and work with you to minimize unnecessary costs while ensuring everything is handled properly.
Assets that require probate include real estate titled solely in the decedent’s name, individually-held savings and checking accounts, brokerage accounts, cars, jewelry, and personal belongings – any asset that lacks a beneficiary designation and doesn’t pass automatically. Assets that avoid probate include jointly owned property, retirement accounts with beneficiaries, life insurance policies with named beneficiaries, and assets held in trust. Examples of non-probate assets include jointly held real property, bank accounts with named beneficiaries, and life insurance policies with named beneficiaries. We help you identify which assets need to go through probate and which can be transferred directly to beneficiaries, potentially saving time and money in the estate administration process.