An estate probate attorney helps executors and administrators close out and settle an estate. Because we work in the Surrogate’s Court every day, we know what the court will ask for and when, and that knowledge is what lets a probate matter be closed without unneeded expense and delay. Below is what the work actually consists of, whether you are the person seeking appointment, a beneficiary keeping an eye on the estate, or someone trying to stop the wrong person from being appointed.
What is an estate probate attorney?
In short, an estate probate attorney gets you appointed by the court as the personal representative (executor or administrator), marshals the assets of the estate, pays the claims, resolves any disagreements, and distributes the assets to the right heirs in the right amounts. In practice, that breaks down into the following work.
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Preparing the petition for estate probate
The petition for estate probate is the primary document that commences the probate process. It sets out all of the information about the person who died, about the person who would like to become the executor or administrator, about the people who benefit from the will, and about the closest living relatives of the person who died. The closest living relatives are often the beneficiaries of the will, but not always, and the court needs to know who they are either way. We help the executor or administrator fill out the petition so that it is complete and consistent the first time.
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Obtaining the supporting documents
The petition is not the only document that goes to the court. It needs supporting documents: the death certificate, a copy of the funeral bill and various affidavits proving the relationship to the person who died. Depending on the estate, the file may also include death and birth certificates of the various people involved, notices to tax authorities, affidavits of heirship, citations, notices of probate and other documents. We assemble all of it.
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Submitting the petition and following up with the court
We submit the petition and the supporting documents to the probate court and then follow up with the court to make sure the documents are sufficient, that no more documents are required, and that the court accepts what was submitted. If the court raises a question, we answer it rather than letting the file sit.
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Attending court hearings and following through
There can be one or more court hearings in a probate case, and we attend all of them to represent our client before the court. Whether you are the person who wishes to be appointed executor or administrator, you are trying to prevent someone else from being appointed, or you are a beneficiary who simply wants to monitor what is happening in the estate, our job is to represent your interest and make sure your goal is accomplished.
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Locating and valuing assets
Some estates have assets that are easy to locate, and some assets are harder to find. Although we sometimes need the assistance of a private investigator, there is a great deal we can do ourselves. We advise the client on the best strategies for locating assets, starting with where to look, and we use a powerful tool: subpoenas to the financial institutions that may hold the assets. To decide which institutions make the most sense, we ask the client where the person who died liked to bank, look at a map of the area around the address where the person lived, and subpoena the most common financial institutions, such as Chase, Citibank, Wells Fargo, Fidelity, U.S. Bank, Capital One, Bank of America, PNC Bank and TD Bank.
Valuation comes next. Some assets have a straightforward value and some are hard to value. We argue your preferred value to the beneficiaries, the IRS and the court.
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Dealing with disagreements
Disagreements can arise in the course of a probate proceeding. The most common disputes are a will contest and a contested accounting. A will contest involves someone challenging the validity of the will, usually saying that the person who made it did not have the mental capacity or was unduly influenced to benefit a particular person. A contested accounting involves a beneficiary claiming that an executor is stealing from the estate or mismanaging it. We help our client prevail in those disputes or come to a successful compromise.
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Accountings and trial
We draft and submit the estate accounting and defend it before the court. When a dispute cannot be settled, we conduct the trial before the judge or the jury, making sure you have the best possible chance of prevailing. If your estate has disagreements, look for an estate probate attorney with a track record of results; it matters for your chance of getting the inheritance you are entitled to.
What winding up an estate involves
As an executor, administrator, beneficiary or creditor of an estate, you will find that winding up an estate has many parts. An estate probate attorney understands the probate timelines and can handle each of them for you.
| Stage | What we handle |
|---|---|
| Getting started | Determining whether there is a will; a reading of the will (not a requirement, but sometimes done); obtaining the death certificate. |
| Appointment | Filing the petition for estate probate in the Surrogate’s Court and obtaining the Letters Testamentary. |
| Assets and creditors | Compiling an inventory of the estate assets and a list of creditors; obtaining appraisals of personal and real property. |
| Distribution | Assisting with the sale of assets, payment to creditors and distribution of assets to beneficiaries; helping resolve disputes among heirs or beneficiaries that may arise. |
| Closing | Winding up and closing the estate. |
Every estate involves different matters, and unexpected situations arise that family members are not prepared to deal with at such a delicate and emotional time. Having an experienced estate probate attorney handle the estate is more efficient and less stressful, and it saves time and money, especially where substantial assets are involved: real estate to be sold in one or more states, stocks, bonds and other personal property, and distributions to charities and to beneficiaries who may include children from previous marriages as well as current and former spouses.
The probate process
If you are the person in charge of the estate and are going to be probating a will, here is roughly what the process looks like.
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You get appointed by the court
The court appoints you to be in charge of the estate. This is the petition, supporting documents and hearing stage described above.
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Locate estate property
You find and take control of what the estate owns, using what the family knows and, where needed, subpoenas to the institutions that may hold the assets.
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Pay the decedent’s debts and taxes
Claims against the estate and the taxes that are due are dealt with out of the estate.
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Resolve any disagreements
A will contest, a contested accounting or a dispute over value is settled or tried at this stage.
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Distribute the remainder
Finally, what is left is distributed to the heirs, in the right amounts, and the estate is closed.
Those steps can vary and they can overlap, and to succeed you have to complete each one carefully. The process is filled with technicalities, deadlines, traps for the unwary and red tape, whether someone died without a will or you are probating one. Most people are not trained to resolve probate issues on their own, which is why an attorney who handles probate matters and knows state and federal tax and inheritance law will usually get an estate resolved in a relatively timely and efficient manner.
If you would like to hire an estate probate attorney for an estate in New York, call the Law Offices of Albert Goodwin at 212-233-1233 or email [email protected] and we will set up a time to discuss your probate proceeding.
