Probate and Estate Administration Attorney in Floral Park, New York

Floral Park is a suburb of New York City located in Nassau County with a tight nit community of just over 16,000 people. Since 1874, Floral Park has been a community that has focused on walkability and accessibility on foot for its residents and patrons. Originally comprised of a small group of houses, just one store, one post office, and a railroad station, the village has grown substantially to now include multiple markets, shops, schools, homes, offices, and recreational and social activities. What makes Floral Park unique is that a majority of these additions can be accessed without the need for a vehicle, increasing the appealability of residing here.

The community of Floral park is made up of both individuals and families, both with and without children, and the average age of owners hover steadily around 41 years old. The Village of Floral Park is considered one of the best places to live in New York, even winning the title of safest place in Long Island and the second safest place to live in the entire state according to alarms.org which has been supported by FBI crime statistics. Floral Park has become a sort of haven for individuals and families alike who wish to live in a safe, high-end, walkable community that provides access to high quality education, community resources, and a variety of commercial aspects.

What is Probate and Estate Administration?

Probate and Estate Administration deals with an individual’s assets and liabilities following that individual’s death; it is these assets and liabilities that create the estate. The probate or administration of this estate varies depending on the estate plan and the applicable state laws and regulations. Probate and Estate Administration differ from Estate Planning due to the timing of when the activity occurs with Administration focusing on the actual process of events following the individual’s death versus the planning that occurs prior to the death. In New York, there are two types of court proceedings that can occur following the death of an individual, probate or an administration proceeding. Probate is the process used when the deceased person had made a will during lifetime, and an administration proceeding is the process for individuals who have died without a will. Both processes involve identifying and gathering the assets of the deceased (also commonly referred to as the Decedent), and satisfying the decedent’s liabilities.  However, in a probate proceeding, the remaining assets are distributed according to the decedent’s will, and given to the beneficiaries that the decedent chose during lifetime whereas in an administration proceeding, the property is distributed in accordance with the laws of New York, which may not have been the order of distribution that the decedent would have preferred.

Floral Park residents often ask:

“Why would I hire a Probate and Estate Administration Attorney in the State of New York?”

While an attorney is not required to initiate probate or estate administration in New York, having an attorney on your side that knows and understands the complexities of probate and estate administration will expedite and assist you with a complex process and allows you to focus on your loved one’s passing and provide you with peace of mind. Utilization of an experienced probate and estate administration attorney can expedite the entire estate settlement process and avoids you having to learn the necessary procedural rules and miss important steps in the process that could either leave you with exposure, or prolong or complicate the process of settling an estate.

The attorney will be able to advise you on the necessary steps you need to take as the estate’s fiduciary, whether you are the executor (appointed under a will) or the estate administrator (appointed if there is no will), including payment of any estate taxes, final taxes of the decedent, or other estate liabilities. Further, an experienced probate and estate administration attorney will be able to facilitate and assist you to complete the probate or administration process, collect assets and settle debts, complete judicial and informal accounts of the estate as necessary, advise on the proper distribution of the estate’s assets, and prepare receipts and releases to protect the estate administrator or executor from any liability once the estate is closed.

“My loved one had a will; do I still need a Probate and Estate Administration Attorney?”

While having a will in place is one of the best actions that an individual can make in their lifetime to ensure efficient distribution of their estate after his or her lifetime, the will needs to be probated if there are certain assets in the State of New York. This means that the will has to be presented to the Surrogate’s Court and the Court will still have to determine the validity of the will. Ultimately, the will still proceeds through the probate process and requires satisfaction of all the associated requirements.

For estates that are valued under $50,000, a small estate proceeding is conducted instead of a full probate proceeding, also known as a Voluntary Administration proceeding. This proceeding is a simplified process that expedites the distribution of assets; however, the assets must still be distributed in accordance with state law and the efficiency of the proceeding does not excuse a party from knowing applicable state law. In either proceeding, an experienced attorney will be able to effectively navigate this proceeding and further expedite the process by ensuring that assets are distributed appropriately.

Contact our experienced Probate and Estate Administration Attorneys today.

The attorneys at Esther Schwartz Zelmanovitz, PLLC are familiar with the particularities of New York State probate and estate laws and how these laws affect you and your family. Planning ahead can take unnecessary stress and burden off of your loved one’s shoulders during an already difficult time. Whether you are an Executor or Administrator, we are honored to work with you and assist you with your loved one’s probate or estate administration. Please contact our office today to schedule an appointment with one of our knowledgeable attorneys.