Estate Probate and Administration
When someone dies, it is often necessary to have a person appointed by the Surrogates to be responsible for settling the deceased’s affairs. Each of us has an ‘estate,’ which consists of our assets and liabilities or debts, as well as other matters. When we die, in many cases, our estates must be formally settled through processes overseen by the Surrogates Court in the jurisdiction of where the loved one lived.
When the deceased person has a Last Will and Testament, the process is referred to as “Probate,” which is Latin for “to prove.” The Will must be presented to the court to be ‘proven’ as the last valid Will of the deceased. The Will typically designates an individual to be nominated as the Executor of the estate. The Executor is the person responsible for carrying out the wishes of the deceased as expressed in the Will. If the nominated Executor is found to be qualified by the court, he or she will be appointed through the issuance of Letters Testamentary, which proves to others that the Executor has been duly appointed to legally act for the estate.
When the deceased has no Will, the deceased is said to be “intestate,” and the court process is then referred to as “Estate Administration.” The “Administrator” is the person appointed to represent the estate receives “Letters of Administration” from the court to prove his or her appointment. State law dictates who have priority to be appointed as Administrator. We can assist family members of the deceased in deciding who is qualified to serve.
In either case - probate or administration - the person appointed is generally referred to as “the fiduciary of the estate.” This is an extremely important appointment requiring certain qualifications and abilities, and, as it also involves certain obligations and a high duty of care to the estate, should not be undertaken without deliberate consideration and the advice of experienced probate/administration counsel.
In both cases, specific procedures must be followed (and documents prepared, delivered to interested parties, and filed with the court) to notify the parties concerned, identify, value, and marshal, safeguard and perhaps sell the estate assets, determine and pay the estate’s debts, prepare the deceased’s personal and estate tax returns.
Our firm's familiarity with these often-complex processes, as well as with the day-to-day operations of the various Surrogates Courts and their staff, enable us to help clients navigate this often-difficult process as smoothly and efficiently as possible.