Since the probate of a New York estate can be complex, many times a New York Probate Attorney is hired by the estate to assist with legal matters such as drafting documents, filing documents with the New York Surrogate’s Court, attending court appearances, keeping track of deadlines, assisting with business matters, rental collections and discovery of assets. If the decedent owned property in another state, an attorney may also need to be hired in that state to handle the ancillary probate and sale of the property. An accountant may also need to be hired by the estate to help with tax matters such as filing estate tax returns and making sure that tax filing deadlines are not missed.
If the testator designated a co-executor, the two persons can split up their duties of administering the estate including paying claims, distributing assets and winding up the estate. Depending on the size of the estate and whether real estate rental properties are involved, the estate may need to seek the professional assistance of a property manager or Realtor to purchase or sell real property.
Other Persons Involved in Assisting with the Probate
Other persons that may also assist the executor or administrator of a New York probate estate may be a stockbroker or financial adviser if the decedent owned stocks, bonds or other investments or had a pension or retirement account. The insurance broker may need to help the personal representative locate any life insurance policies. The estate may need to open a bank account at a local bank to pay claims and other bills. Family members may be helpful as well in locating assets that may not be listed in the will or part of the decedent’s trust.
While the executor or personal representative is primarily the person responsible for administering the estate, the personal representative may not be able or capable of handling all the matters on their own especially when there is a large estate with many assets. Handling an estate and acting as a personal representative is a big responsibility. Having proper legal representation and a team of financial and professional advisors is helpful and sometimes essential to making sure the probate is handled properly and the estate is wound up quickly so that the heirs and beneficiaries can receive their distributions and the creditors can get paid as well.
If you need a New York estate attorney to help you with an estate, call attorney Albert Goodwin at (212) 233-1233.