Buffalo Probate Lawyers

It’s never easy losing someone you love. In the days and weeks that follow, emotions run high, responsibilities pile up, and the legal side of things can feel like a mountain you never asked to climb. You may be feeling overwhelmed, unsure where to start, or even a little afraid of doing something wrong. That’s okay, because we’re here to help. Continue reading and reach out to the knowledgeable and compassionate Buffalo estate lawyers here at Raimondo & Sundquist LLP to learn more about the probate process and how we can guide you through it.

What is Probate?

Probate is, in simple terms, the legal process of settling a person’s estate after they’ve passed away. It’s how the court makes sure that everything is handled properly. This includes ensuring the will is valid, that debts and taxes are paid, and that whatever remains is distributed to the rightful heirs or beneficiaries.

Probate typically takes place in the Surrogate’s Court of the county where the deceased person lived. If the person had a will, the process is called “probate.” If they didn’t, it’s called “administration,” but the idea is largely the same: the court oversees the estate to make sure it’s handled fairly and according to state law.

Probate is required when the deceased owned property or assets in their name alone, such as a house, bank account, or investment account that wasn’t jointly owned or designated to a beneficiary. Things such as life insurance policies, jointly titled property, or assets held in a trust usually bypass probate altogether. But if there’s a will, or significant assets that can’t transfer automatically, the estate must go through the probate process to make it all official.

The Probate Process in New York State

While the process is slightly different for everyone, a general overview of what you can expect is as follows:

• Filing the Petition: The person named as executor in the will (or a close relative if there is no will) files a petition in the Surrogate’s Court. This filing officially asks the court to open the estate and appoint that person as the executor or administrator.
• Submitting the Will and Death Certificate: The original will must be filed with the court, along with a certified copy of the death certificate. The judge then reviews the documents to make sure the will was executed properly and is legally valid.
• Notifying Heirs and Beneficaries: All individuals with a potential interest in the estate, such as spouses, children, and named beneficiaries, must be formally notified. This gives them the opportunity to review the will and, if necessary, contest it.
• Appointment of the Executor: Once the will is accepted, the court issues “Letters Testamentary,” granting the executor legal authority to handle the estate. If there’s no will, “Letters of Administration” are issued to an appointed administrator instead.
• Inventorying and Valuing Assets: The executor must identify, locate, and assess the value of every asset the deceased owned.
• Paying Debts and Taxes: Before beneficiaries receive anything, the executor must pay all outstanding debts, funeral costs, and taxes. New York also has an estate tax for higher-value assets, which the executor must handle carefully.
• Distributing Assets to Beneficiaries: Once the estate’s obligations are satisfied, the remaining assets are distributed to heirs or beneficiaries according to the will or, if there’s no will, state law.
• Closing the Estate: After everything has been accounted for and distributed, the executor files a final accounting with the court. Once approved, the estate can be formally closed.

Common Issues & Disputes Seen in Probate

Probate can bring out old family tensions or unexpected complications. Some of the most common issues we see are as follows:

• Will contests, often involving claims of undue influence or lack of mental capacity.
• Disputes among siblings or beneficiaries over sentimental property or inheritance shares.
• Executors accused of mishandling assets or delaying distributions.
• Conflicts between what’s written in the will and what’s listed on beneficiary forms.
• Problems locating certain assets, such as old bank accounts or real estate titles.
• Disagreements about whether to sell or keep inherited property.
• Creditors coming forward with questionable or exaggerated claims.

These situations can easily drag out the process and cause additional stress, which is why it’s paramount that you have a competent team of probate lawyers in your corner who can effectively represent your interests at every turn.

New York Probate FAQ

Q: Do all estates need to go through probate?
A: No. If the estate is valued under $50,000 and doesn’t include real property, it may qualify for New York’s small estate proceeding, which is faster and simpler.

Q: What happens if there is no will?
A: The estate will go through administration instead of probate. Assets will be distributed according to New York’s intestacy laws, which prioritize spouses, children, and other close relatives.

Q: How much does probate cost?
A: Costs vary depending on the estate’s size and complexity; however, on average, total costs range between 3% and 7% of the estate’s value.

Q: Can probate be avoided?
A: Yes. Many people avoid probate by setting up revocable living trusts, adding joint owners to accounts, or naming beneficiaries directly on policies and investments.

Q: How long does probate take in New York?
A: There’s no single answer, but generally, probate takes anywhere from seven months to a year. The length depends on the size of the estate, how organized the documentation is, and whether any disputes arise.

Contact Our Buffalo, New York Probate Lawyers

Here at Raimondo & Sundquist LLP, our seasoned Buffalo probate lawyers stand ready to guide you through each step of the process. Whether you’re an executor trying to fulfill your responsibilities or a beneficiary seeking answers, you can depend on our legal team. Contact us today.