• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

Call us today for help!  (631) 265-0599
  • Facebook
  • Instagram
  • LinkedIn
  • Pinterest
  • Twitter
  • YouTube

Eghrari Law Firm

Long Island Elder Law & Estate Planning

  • Home
  • Who We Are
    • About Our Firm
    • Meet Our Team
  • Resources
    • Client Resources
      • Definitions
      • Docubank
      • Elder Law Resources
        • Brentwood Elder Law
        • Central Islip Elder Law
        • Commack Elder Law
        • Hauppage Elder Law
        • Smithtown Elder Law
      • Estate Planning Resources
        • Estate Planning Check Up
        • Estate and Gift Tax Figures
        • Estate Planning Techniques
        • Estate Planning Worksheet
        • FREE Estate Planning Seminars
        • Long Island Estate Planning Resources
      • New York Medicaid Resources
        • Medicaid Planning Worksheet
      • Nursing Home Resources
      • Probate Resources
        • Brentwood Probate
        • Central Islip Probate
        • Commack Probate
        • Hauppage Probate
        • Smithtown Probate
        • Suffolk County Probate Resources & Checklist
      • Presentations
      • Retirement Planning Checklist
      • Trust Administration Resources
    • Elder Law Reports
    • Frequently Asked Questions
      • Business Planning
      • Estate Planning
      • Families Without an Estate Plan
      • Incapacity Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Reports
  • Estate Planning
    • Asset Protection & Business Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses
    • Incapacity Planning
    • Legacy Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Hospice Care
    • Medicaid Planning
  • Areas We Serve
    • Long Island
    • Nassau County
      • Oyster Bay
    • Suffolk County
      • Brentwood
      • Central Islip
      • Commack
      • Hauppauge
      • Smithtown
  • Blog
  • Contact Us

Mobile Menu

  • Home
  • Who We Are
    • About Our Firm
    • Meet Our Team
  • Resources
    • Client Resources
      • Definitions
      • Docubank
      • Elder Law Resources
        • Brentwood Elder Law
        • Central Islip Elder Law
        • Commack Elder Law
        • Hauppage Elder Law
        • Smithtown Elder Law
      • Estate Planning Resources
        • Estate Planning Check Up
        • Estate and Gift Tax Figures
        • Estate Planning Techniques
        • Estate Planning Worksheet
        • FREE Estate Planning Seminars
        • Long Island Estate Planning Resources
      • New York Medicaid Resources
        • Medicaid Planning Worksheet
      • Nursing Home Resources
      • Probate Resources
        • Brentwood Probate
        • Central Islip Probate
        • Commack Probate
        • Hauppage Probate
        • Smithtown Probate
        • Suffolk County Probate Resources & Checklist
      • Presentations
      • Retirement Planning Checklist
      • Trust Administration Resources
    • Elder Law Reports
    • Frequently Asked Questions
      • Business Planning
      • Estate Planning
      • Families Without an Estate Plan
      • Incapacity Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Reports
  • Estate Planning
    • Asset Protection & Business Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses
    • Incapacity Planning
    • Legacy Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Hospice Care
    • Medicaid Planning
  • Areas We Serve
    • Long Island
    • Nassau County
      • Oyster Bay
    • Suffolk County
      • Brentwood
      • Central Islip
      • Commack
      • Hauppauge
      • Smithtown
  • Blog
  • Contact Us

Do All Estates Need to Be Probated?

When your loved one has passed away, you may be wondering whether you need to be probate an estate. The probate process can be a lengthy, costly, and complicated one so many people would prefer to avoid it. However, whether you will need to go through probate or not is going to depend upon the value of the estate as well as the steps that the deceased person took to facilitate the transfer of assets. There are many circumstances in which it is possible to avoid probate if advanced plans are made, but unless those steps are taken before death, chances are good that heirs or beneficiaries will have to go through the probate process.  probate an estate

Eghrari Law Firm can provide you with legal help if you are going through probate. We can work closely with you to understand how the process works and we can represent you throughout the process to maximize the chances of probate going smoothly and completing quickly.

We can represent the executor of an estate as he or she fulfills his duties, and we can also provide representation to heirs or beneficiaries who want to ensure that the probate process goes as smoothly as possible.  Our firm can also provide assistance taking steps before your death to ensure your heirs or beneficiaries can avoid having to probate an estate. You should give us a call to find out more about the assistance we can offer.

Will You Need to Probate an Estate?

In the state of New York, estates will need to be probated unless there is less than $30,000 of personal property being passed on. If a deceased person owned real property — such as a home or other real estate investments — then the estate is always going to have to pass through the probate process unless plans are made to avoid this.

If the deceased owned less than $30,000 of personal property, a simplified administration proceeding can take place instead of the probate process. As the New York Unified Court System website explains, this administration process can be used to transfer small estates regardless of whether or not the deceased person had a last will and testament.

Once a deceased person has passed away, there is no longer anything that can be done to avoid the probate process if the value of the estate exceeds $30,000. However, there are many steps that people can take during their lifetimes to try to ensure that their loved ones won’t have to cope with probating an estate. This can include working with an estate planning lawyer to create a trust and transfer assets so those assets can transfer through the trust administration process. It can also include using pay on death accounts and structuring the ownership of assets as joint tenants with rights of survivorship so those assets pass automatically on to new owners outside of probate.

There are many circumstances where it makes sense to help your loved ones avoid probate, especially if they will be counting on their inheritance to provide them with financial support after you have passed away.

Getting Help from a Probate Lawyer

A probate lawyer at Eghrari Law Firm  can provide personalized assistance with the entirety of the probate process and with all legal issues related to planning to avoid probate. Whether you are making your estate plan and hoping to facilitate the transfer of your assets outside of probate or whether you are coping with the death of a loved one and going through the probate process, we can provide the help and support that you are looking for.

To learn more about all of the different ways that our probate lawyers can help you, join us for a free seminar. You can also give us a call at (631) 265-0599 or contact us online to get a compassionate and knowledgeable member of our legal team working on your situation.

  • Author
  • Recent Posts
Eghrari Law Firm
Eghrari Law Firm
Mark S. Eghrari is an attorney in private practice in Smithtown, New York. He has been in practice since 1988. Mark S. Eghrari provides extensive estate and tax planning services to individuals and businesses. Mr. Eghrari’s primary focus is helping clients avoid probate, minimize or eliminate Federal and State Estate taxes and protect their assets from the high cost of nursing care, if they become ill Read More!
Eghrari Law Firm
Latest posts by Eghrari Law Firm (see all)
  • The Importance of Advance Directives When Planning for Incapacity in New York - July 30, 2026
  • 12 Essential Steps in New York Trust Administration - July 22, 2026
  • Common Asset Protection Mistakes That Could Put Your Estate at Risk in New York - July 15, 2026

About Eghrari Law Firm

Mark S. Eghrari is an attorney in private practice in Smithtown, New York. He has been in practice since 1988. Mark S. Eghrari provides extensive estate and tax planning services to individuals and businesses. Mr. Eghrari’s primary focus is helping clients avoid probate, minimize or eliminate Federal and State Estate taxes and protect their assets from the high cost of nursing care, if they become ill Read More!

Previous Post: «estate planning lawyer Estate Planning Steps After Marriage
Next Post: What is a Revocable Living Trust? revocable living trust»

Primary Sidebar

Blog subscription

Subscribe to our Blog for the latest estate planning news and updates!

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • Pinterest
  • Twitter
  • YouTube

Where We Are

Eghrari Law Firm
50 Karl Avenue, Suite 202
Smithtown, NY 11787
Phone: (631) 265-0599
Fax: (631) 265-0754

See Larger Map
Get Directions

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 2:00 PM

Map

map for Eghrari Law Firm office

Footer

Office Location

Eghrari Law Firm
50 Karl Avenue, Suite 202
Smithtown, NY 11787
Phone: (631) 265-0599
Fax: (631) 265-0754

See Larger Map
Get Directions

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 2:00 PM

Sign Up for Our Newsletter

Sign up to get our free estate planning newsletter for all of our tips and resources

  • This field is for validation purposes and should be left unchanged.

Plan for Your Future & Protect Your Legacy

There’s a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you’ll be one step closer to getting yourself and your family on the path to a secure and happy future.

  • This field is for validation purposes and should be left unchanged.
Carroll image
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Site Footer

ATTORNEY ADVERTISEMENT

Copyright © 2026 American Academy of Estate Planning Attorneys · All Rights Reserved