Probate can be a long and complex process, and at times can feel very overwhelming especially considering the emotional factors related to the loss of a loved one. Because of our experience, and our compassionate and caring approach, we can make the process as painless as possible for your heirs.
Probate is the legal process of a court administering the estate of a person who has died, during which they settle any outstanding affairs and oversee the distribution of any remaining property. We have been probating estates for more than a decade and can handle all facets of the estate, from start to finish.
Probate administration includes things such as identifying the estate’s assets; paying any debts or taxes owed by the estate, pursuing any claims for payments owed to the estate, determining whether there is a valid will and distribution of remaining assets
A typical estate administration contains the following elements:
- Filing a petition with the Surrogate’s Court, seeking the appointment of an Executor or Administrator for the estate
- Appointment of guardian(s) ad litem to represent the interests of minor or disabled beneficiaries
- A “return of citation” court date that allows all potential heirs the chance to challenge the will being probated (this can be avoided if all interested parties “wave” their right to appear in court)
- Appointment of an Executor or Administrator by the court
- Marshalling estate assets/ presiding over sale of estate property, if applicable
- Establishing and funding testamentary trusts, if applicable
- Preparing and filing estate tax returns, if necessary
- Filing inventories of assets and affidavits to close out the estate
- Formal accounting of estate assets (in some cases only)
The rules that govern probate can be complicated and often make the process seem more frustrating that it needs to be. This is where the Law Offices of Emanuel Haas can help.