When a family member passes away, we understand how overwhelming the coming days, weeks, and even months can be for surviving family members as they mourn their unimaginable loss. Throughout the grieving process, emotions among family members may be running high. As a result, the probate or administration process is often a struggle as you and your family try to adjust to life without your loved one. However, when you get the help of our Syosset, New York, probate law firm, we will work with you and your family to help you through each step of the New York probate and administration process.
Fratello Law is a New York law firm with experience partnering with clients looking for help with the process after the passing of a loved one. With the help of one of our trusted probate attorneys, you will have a comprehensive understanding of what probate will entail and how it may affect your loved one’s final will and testament in Syosset, New York. We are a firm that focuses on building high-quality relationships with our clients as we guide them through all of their legal needs during this overwhelming time.
If your loved one had a legal will, it is presented to the court in a probate proceeding. Probate is the court process where, after an individual has passed away, the terms of their will are approved by a judge. The decedent’s assets, property, and possessions are distributed to their beneficiaries after their debts are paid during probate.
When your loved one passes away without a last will and testament an administration proceeding may need to take place. The beneficiaries will be determined by the intestacy laws of New York.
In New York State, probate and administration proceedings occur in the Surrogate’s Court. The assets, property, and possessions are referred to as the decedent’s estate, and the representative appointed by the court is called the executor (if there is a last will and testament) or the administrator (if there is no last will and testament). The legal document that approves an executor are called letters testamentary. The legal document that approves an administrator are called letters of administration. When you work with the probate attorneys at Fratello Law, our Syosset legal team will help ensure you understand the probate and administration process fully and feel knowledgeable as the process moves forward.
If you have recently lost a family member, the probate or administration process is important to ensure that your loved one’s final wishes are honored. However, in New York, there are parameters that determine whether or not a decedent’s estate must go through this process.
Certain assets of an estate, such as the proceeds of an insurance policy, retirement accounts, and other accounts with a named beneficiary, are not subject to the probate or administration process. Assets that may need to go through the probate or administration process in Syosset include the following:
If you are unsure what assets, if any, will need to be put through the probate or administration process for your loved one, contact our trusted probate attorneys as soon as possible.
The probate and administration process can be overwhelming for individuals due to the emotions involved and the relationships that may be tested within the family throughout the process. The length of time required to complete the process varies widely depending on whether:
If these factors are all accomplished, the probate or administration process can be completed in three to six months. However, in more complex cases, especially those involving a contested will, probate can take years to be completed.
In these cases, having the help of one of our knowledgeable probate attorneys can help save time and effort by ensuring that all required paperwork is completed properly and each party with an interest in the estate receives the required updates. Our attorneys can provide trusted litigation to help resolve disputes that may arise from the contesting of a will. To ensure that the final wishes of your family member are respected during probate, contact one of our Syosset probate attorneys today.
At Fratello Law, our team of legal professionals is here to help you protect the wishes of your loved one as their will undergoes probate. Our legal team is well-versed in the probate process and familiar with the laws concerning probate and estates in New York.
Schedule a no-cost initial consultation with our skilled Syosset probate attorneys by calling (516) 321-4010 or filling out our contact form. We are a small firm with a big heart that is available for video conferences and to travel to your home for the convenience of homebound clients. We look forward to welcoming you to our client family.