Administering an estate is no easy affair and can be troubling for any executor. When there is a will we have probated estates in all counties of New York City and the surrounding counties including Westchester County, Rockland County, Orange County and Putnam County. When there is not a will, we have done the same through the process of administration. Although the probate process is typically slower than most people would like, we do our best to push each petition as quickly as possible so that each family can move on with their lives.

I do not live in the US but badly needed help with a local complicated estate matter. Fortunately I found Mr. Nigro. He efficiently and professionally negotiated a successful resolution. Throughout he was a pleasure to work with, very knowledgable and professional, quick to respond to any questions and I felt that he truly cared. I highly recommend him.

How a Probate Attorney Can Help you Through a Difficult Time

 

Probate’s legal definition is “the act or process of proving a will” stemming from the Latin verb probare: to test, prove, examine. Add a conservative nine months of petitions, affidavits, appointment of a fiduciary, a marshaling of the assets, and an accounting and that “test” is complete. The petitioner, usually the executor, must prove to the Surrogate’s Court that the presented will was in fact the will of the decedent and after proving the will is valid, must follow all the statutory conditions in order to distribute the estate. When no will is presented, then a similar petition is followed except the decedent has no explicit wishes and the estate passes by intestacy, more specifically, EPTL § 4-1.1.

A simple way to think about probate is that it is New York State’s way of making sure that the decedent’s wishes are fairly followed. Although somewhat lengthy and convoluted at times, the probate process will make sure all of the decedent’s debts and expenses are paid and will ensure that the named beneficiaries in the will actually receive the funds. It also allows for any possible contested issues to be presented to the court. Remember that probate takes at a minimum 9 months to a year, with no hiccups or court delays.

 

Attorneys Specializing in this Area

Brianne Lucyk
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Brianne Lucyk

Attorney

Anthony Nigro
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Anthony Nigro

Attorney

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