Call (585) 256-0090
Call (585) 256-0090
Estate Administration & Probate Services
When a loved one passes, managing their estate's legal and financial aspects can be overwhelming. Let our experienced attorneys guide you through this difficult time with compassion and expertise.
Compassionate Estate Administration
At Rochester Elder Law (formerly Dutcher & Zatkowsky), we understand that losing a loved one is incredibly difficult. The last thing your family needs while grieving is the added stress of making important financial and legal decisions.
Our experienced attorneys provide the compassion and expertise necessary to make the estate and trust administration process as efficient and stress-free as possible.
We work closely with executors, trustees, and other fiduciaries to ensure your loved one's wishes are honored while guiding heirs with great sensitivity.
Comprehensive Estate Administration Services
We offer a complete range of estate administration services, including:
- Appointment of selected representatives
- Preparation and filing of all necessary Surrogate's Court documents
- Representation in probate proceedings
- Tax planning for estates and trusts
- Preparation and review of estate and gift tax returns
- Postmortem planning
Understanding Probate
Probate is the court-supervised administration of a decedent's estate. This process can be complex and time-consuming, often adding stress to an already difficult situation.
At Rochester Elder Law, we believe that families should focus their energy on grieving and healing while we handle the administrative aspects of probate.
Our experienced attorneys will guide you through the Surrogate's Court process efficiently and with minimal stress.
How We Can Help with Probate
If you're facing the prospect of probate, our team can assist you by:
- Explaining the probate process and what to expect
- Gathering and organizing necessary documents
- Filing the will and other required paperwork with the Surrogate's Court
- Representing you in court proceedings
- Managing estate assets and debts
- Handling disputes or challenges to the will
- Ensuring proper distribution of assets to beneficiaries
Estate Administration & Probate FAQs
What is the difference between estate administration and probate?
Estate administration is the overall process of managing and distributing a deceased person's assets, while probate is specifically the court-supervised process of validating a will and carrying out its instructions.
How long does the probate process typically take?
The duration of probate can vary widely depending on the complexity of the estate and whether there are any disputes. In New York, simple estates might be settled in a few months, while more complex cases can take a year or longer. The Court requires estates to remain open for a minimum of seven months to give potential creditors of the estate time to file a claim.
Do all assets go through probate?
No, not all assets go through probate. Assets with designated beneficiaries (like life insurance policies or retirement accounts), jointly owned property, and assets held in a living trust typically bypass the probate process.
Do I need to go to court for estate matters?
Even with a proper will, you must go to court to get permission and documentation to collect estate assets. However, at Rochester Elder Law, we can often handle these matters without you having to appear in court personally.
What if there is no will?
If someone dies without a valid will, they are said to have died "intestate." In these cases, New York state law determines how the deceased's assets are distributed, typically to the closest living relatives.
Who should be notified when a person dies?
Once relatives and friends have been notified of the death, and after the funeral, the family member, Executor or Executrix should contact us to seek advice on the next steps to begin probate of the Estate or to determine if probate is necessary at all. You will need a certified, original, death certificate and current statements of all assets at that first appointment.
What happens when a person dies who is currently receiving benefits?
If the decedent is receiving a pension, or any other monthly benefits such as Social Security, Medicaid, or Disability, etc. those companies and/or agencies should be notified of the death. Once a bank or brokerage is notified, all funds are frozen until you can show that you have authority from the Court that you are entitled to marshal those assets as part of the estate.
Have More Questions About Estate Administration or Probate?
Our experienced attorneys are here to provide personalized guidance for your unique situation.
Read More About Estate Administration & Probate
Need Guidance with Estate Administration or Probate?
Our experienced attorneys are here to help you navigate this challenging process with compassion and expertise.
Or call us at (585) 256-0090 ext. 103
Centrally Located in Brighton
near Cobbs Hill:
1399 Monroe Avenue,
Rochester, NY 14618
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