During the Long Island probate process, there are certain steps which must be taken. The probate process is the process of winding up the affairs of a deceased person’s estate.An executor generally oversees this process and is responsible for completing the required probate tasks. A Long Island probate attorney can provide assistance to executors.
Mark S. Eghrari and Associates PLLC has helped many executors to fulfill all of their duties when it comes to overseeing the probate process. If you have been named as the executor in someone’s will, give us a call as soon as possible to learn how Long Island probate works and to get help making probate move as quickly and smoothly as possible.
What is the Role of the Executor In the Long Island Probate Process?
According to New York Courts, a person who is named as an executor in a will is in charge of handling an estate proceeding. If the person who is named as executor is deceased or unable to act, then a successor executor named in the will can handle estate proceedings. If neither the primary nor successor executor is able or willing to handle estate proceedings, then the court can appoint a personal administrator. If a person dies with no will, an administrator is also appointed under intestacy laws.
Once an executor has been chosen, it is the executor’s job to get the will admitted to probate. Probate proceedings take place in the Surrogate Court of the county where the deceased person was a resident. The purpose of probate court is to prove a will is valid to the satisfaction of the surrogate court judge. Once a will has been proved to be valid, the next steps are to facilitate the transfer of the assets to new owners.
Executors have to not only file paperwork with the right Surrogate Court, but also have to argue for the validity of the will if it is challenged, and fulfill all of the other legal steps which are a key part of the probate process.
What are the Steps Executors Must Take During Long Island Probate?
Executors have many important responsibilities during probate. They must:
- File the right paperwork in the correct court in order to get the probate process started.
- Provide notice to interested parties of the death. Banks, credit card companies, government agencies, relatives, and potential heirs who stand to inherit are all among those who need to be notified during probate.
- Manage the affairs of the estate. Bills have to be paid, investments managed, and properly card for. Executors have to take care of the deceased person’s property until it is able to be transferred to new owners.
- File an estate inventory. The court (and taxing authorities) need to know what items were owned by the deceased which are being transferred, and what the value of those items are.
- Pay debts and pay taxes owed by the deceased and/or by the estate. If creditors make claims, or if New York or federal estate taxes have to be paid, the executor is responsible for making these payments. An executor has to determine if the claims against the estate are valid and then satisfy those claims.
- Defend a will if it is contested. If heirs argue a will shouldn’t be valid, the executor can defend the will.
- Facilitate the transfer of assets. This could involve taking formal legal steps to change the title of property to the name of the new owners.
When taking any and all steps during the process of probating a will, executors have to make certain they are complying with New York law and following instructions of the deceased. An experienced Long Island probate lawyer can advise executors so they can fulfill their responsibilities and avoid legal consequences or letting down the deceased.
Getting Help from a Long Island Probate Lawyer
Mark S. Eghrari and Associates PLLC has extensive experience providing guidance to executors throughout the entirety of the Long Island probate process. If you want to make sure you fulfill all of the legal obligations New York law imposes on executors and if you want to ensure that you have honored the wishes of the deceased, we are here to help you.
To learn more about the probate process in Long Island, you can join us for a free seminar. If you wish to get personalized advice in making sure you fulfill your obligations as an executor during probate, give us a call at (631) 265-0599 or contact us online today.