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Estate Probate/Administration

When an individual passes away in New York, their assets and debts need to be distributed and settled, respectively.  If that individual had a will, the process is called “Probate”; if they died without a will, the process is called “Administration”.

In either a probate or an administration proceeding, authority to handle the matters of the estate is granted by the Surrogate’s Court to an individual either nominated in the will or authorized by New York law.  Often, there are assets that need to be distributed where a court order is not required, IRA’s and life insurance are possible examples of these assets.  We will sit with you and discuss your options; you may not even need to go through the probate or administration process.

At The Stowe Law Firm, we can assist you in estate matters in many ways:

  • Locating the original will and witnesses
  • Preparing waivers and consents for distributees to review and sign
  • Preparing and arranging for service of citations, if necessary
  • Preparing and filing the Probate or Administration petition and other necessary paperwork
  • Appearing in Surrogate’s Court, if necessary
  • Assisting the executor or administrator in locating and liquidating assets
  • Resolving creditor’s claims and estate obligations
  • Resolving issues with estate real property
  • Transferring real property
  • Arranging for receipts and releases for partial distributions to each beneficiary
  • Preparing and filing an asset inventory
  • Determining any federal or state estate tax liabilities
  • Preparing an estate tax return
  • Assisting the estate accountant with their preparation of any estate income tax returns
  • Cooperating with investment advisors to ensure investments are transferred in accordance with the decedent’s wishes
  • Preparing an informal accounting or arranging for a formal accounting, if necessary 
  • Assisting the executor, or administrator, with distributing the assets of the estate
  • Drafting and filing all papers necessary to close the estate

We have handled hundreds of estates throughout the State of New York, we can assist you with every aspect of the probate or administration process