Rochester Probate And Estate Administration Attorneys

When a loved one dies, the entire family needs time to mourn and grieve. It is important to use this time well, as it can be healing and a time of bonding with the surviving family members. However, there is also a financial component. Whether the deceased left a valid will or not, the estate will have to go through the probate process to determine and execute the paying of debts and the distribution of assets from the estate.

If you are an estate administrator, it is important to work with a legal team that can help you fulfill your fiduciary duties and protect your interests, as well. With more than 50 years of legal experience, our Rochester probate administration attorneys can provide you with the guidance and counsel you need to bring an estate through probate. At Weinstein & Randisi, we pride ourselves on giving personalized service and individualized attention to meet our clients’ needs.

What Is Probate?

Probate is the legal process that helps to distribute a deceased person’s estate assets according to their will or state law if no will exists. In Rochester, New York, probate involves:

• Validating the will
• Inventorying the deceased person’s estate assets
• Paying off any debts and taxes
• Distributing the remaining assets to the rightful heirs

The probate process in New York begins when the executor named in the will files a petition with the surrogate’s court in the county where the deceased person lived.

Once the court approves the petition, the executor must inventory all estate assets. This inventory can include bank accounts, real estate, investments, and personal belongings that the deceased person owns.

The court will appoint an administrator to handle the estate if there is no will. The executor or administrator must then:

• Identify and inventory all estate assets
• Notify creditors
• Pay any outstanding debts and taxes
• Distribute the remaining assets to the heirs

Several issues can arise during probate, such as disputes among heirs, challenges to the validity of the will or difficulties in locating all estate assets.

In some cases, the process can become complicated if the deceased person owned real estate in multiple states or had significant debts. These complications can delay the distribution of assets and increase the family’s emotional and financial burden.

Administering an estate can be overwhelming, especially if you are unfamiliar with New York’s probate laws. Probate lawyers can guide you through the legal process, helping you avoid mistakes that could lead to delays or legal disputes.

Probate attorneys can also assist in resolving conflicts among heirs and ensure that the deceased person’s wishes are honored. If your loved one’s estate is in probate, consulting with an attorney can provide peace of mind by knowing that the estate will be handled correctly and efficiently.

Probate In Monroe County Surrogate’s Court

For Rochester-area estates, probate is filed with the Monroe County Surrogate’s Court at 99 Exchange Boulevard. The executor named in the will files a probate petition along with the original will, a death certificate and a list of distributees. The court issues a citation to interested parties, and once any objection period passes, Letters Testamentary are granted — the document that finally allows the executor to access accounts and transfer property.

Where there is no will, the process runs through an administration proceeding instead, and Letters of Administration are issued to the closest eligible distributee. Estates under $50,000 in personal property may qualify for the simplified small estate procedure, which is faster and considerably less expensive.

What An Executor Is Actually Responsible For

Serving as executor is a fiduciary role with real personal exposure. The duties include:

• Locating and filing the original will with Surrogate’s Court
• Identifying, securing and valuing every estate asset
• Opening an estate account and keeping estate funds entirely separate from personal funds
• Notifying creditors and evaluating claims against the estate
• Filing the decedent’s final income tax return and any estate tax returns
• Preparing a formal accounting for beneficiaries
• Distributing assets and closing the estate

An executor who distributes assets before debts and taxes are settled can be held personally liable for the shortfall. Our attorneys and paralegals handle the filings, deadlines and accounting so that does not happen.

When Beneficiaries Disagree

Not every estate moves quietly. Heirs contest wills, question an executor’s decisions, or challenge transfers made in the final years of life. Common grounds include lack of capacity, undue influence, improper execution of the will, and executor misconduct such as self-dealing or failure to account. We represent both executors defending their administration and beneficiaries who believe an estate is being mishandled.

Estate And Intestate Succession Attorneys

When someone dies, his or her estate goes through probate. When the deceased has a valid will and other estate planning documents, these will generally assign an administrator and provide direction for the paying of debts and the disposition of assets. When there is no valid will, it is called “intestate.” For intestate estates, there are laws in place to govern the disposition of assets.

Your Family’s Law Firm

After losing someone you love, your primary concerns should be grieving your loss and bonding with your family. As your family’s law firm, we can help you through the probate process. Whether you are dealing with a well-executed estate plan or an intestate estate, our lawyers will protect your interests and help you through the legal aspects involved, so you can focus on your family.

Common Probate Questions

How long does probate take in New York?

A straightforward uncontested estate typically closes in seven to twelve months. Contested matters, out-of-state property or estate tax filings extend that timeline considerably.

Does every estate have to go through probate?

No. Assets with named beneficiaries, jointly held property and assets held in trust pass outside probate. Only assets titled in the decedent’s name alone require a proceeding.

What does probate cost?

Surrogate’s Court filing fees are set by statute and scale with estate value. We discuss attorney fees at the free consultation and offer flat-fee options for many administration services.

What if there is no will?

New York intestacy law determines who inherits and in what shares. The closest distributee petitions to serve as administrator.

Can an executor be removed?

Yes. A beneficiary can petition Surrogate’s Court to remove an executor for misconduct, conflict of interest or failure to carry out fiduciary duties.

Contact Weinstein & Randisi ∙ Free Initial Consultations

We offer free initial consultations, flexible scheduling and flat-fee options for various services. Call 585-310-1578 (800-768-1780 toll free) or contact us online to schedule a free consultation with an attorney from our firm.