Probate and the settling of an estate can be complex. Often estate administration is time consuming for individuals. In some cases it can even get messy and contentious. This is why our clients come to us. We will guide you through the process of estate administration and distribution after death. We understand that if a loved one in your family has died, you want to be sure that their wishes are fully carried out the way they intended. You may also be wondering how that person’s assets will be legally passed to you and his or her heirs.
55%
Of Adults Dont have a Will or plan in the event of death.
38%
Of adults have a power of attorney if incapacitated.
90%
Of Probate Wills are made by someone 60 or older.
Getting Started
Probate has been our specialty for over 30 years and we are familiar with local judges and Surrogate Courts.There are two Surrogate’s Courts for us here in Central New York. The 5th Judicial District includes Oneida County Surrogates Court and Herkimer County Surrogates Court. In the 6th Judicial District, it’s the Madison County Surrogates Court.
The process starts with our filing a petition with the Surrogate’s Court of the State of New York in the county where the decedent lived. Then we account for the property and make sure debts and taxes are paid. Most importantly, the remaining property is distributed according to the deceased’s wishes. Here’s a short description of the probate process here in Oneida, Madison, and Herkimer Counties.
The first step for the executor nominated by the decedent in the last Will is to file papers in Surrogates Court. If there is no Will, another person asks the court to appoint him or her as administrator of the decedent’s estate. In either case, we will help you file the necessary petitions to quickly and easily begin the process.
The next step is to account for the property of the deceased. Some property is automatically exempt from probate per New York State law. For example: Furniture and appliances, one car worth up to $15,000, and money or other personal property not exceeding $15,000. There is more that is exempt and we will be sure that you get to pass this property quickly as we bypass the usual Probate.
It is assumed that creditors will send regular bills to the deceased person. The person representing the estate will receive these and pay or contest them. Expenses typical of an estate are property upkeep, funeral and hospital bills, and state and federal taxes. We will make sure that you pay only the invoices that the estate is responsible for and that you pay those in a timely fashion.
After all the bills are paid we work to transfer the remaining assets to the beneficiaries cited in the Will. If there was no Will, the estate will pass according to New York State’s laws of intestacy. Generally, this means at least up to a certain amount to a surviving spouse. Then, if the decedent has children, the spouse and children split the remaining amount. We will also be there for you as homes, cars, and furniture are sold. We take care of searches, deed transfers, and titles to facilitate the transactions.
We are Utica’s probate attorneys.
We’re ready to talk to you about the quickest, most appropriate way to distribute your loved one’s estate according to their wishes.
Advocates for you in Family Law, Business Law, Construction Law, Criminal Defense Law, Probate Law, Real Estate Law, Stock Fraud Law, and DWI Law.
510 Bleecker St.
City of Utica
NY 13501, United States
Our Lawyers and Paralegals are experts in handling cases in Oneida, Herkimer, Madison, Onondaga and Lewis Counties. We’ll provide you the inside legal track to get you answers to problems and immediate control over your situation. The goal is a swift, decisive, and favorable outcome. Schedule a Consult Now.