Legal Help Through Difficult Times
Your Family’s Law Firm
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.
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.
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.
