Probate

Putnam County Probate Attorney

Experienced Legal Representation for Probate Matters

When someone dies in New York, their estate might enter the probate process. What happens during this process depends greatly on the size of the estate and the composition of an estate plan, if one exists. Estates without an estate plan, and even many estates with one, may require an estate administrator. The entire process requires adherence to strict procedural rules and state law. 

Putnam County probate attorneys focus on  guiding individuals through the complex process of probate, ensuring that the wishes of the deceased are carried out in accordance with the law. Whether you are facing challenges with estate administration, will contests, or guardianship matters, our team is here to provide you with knowledgeable and compassionate legal support. 

At The Feller Group, P.C., a NY probate lawyer will work with each client to ensure they understand what’s happening, what their role is, and how best to proceed to ensure an efficient and expedient distribution of the decedent’s estate with minimal delays and challenges. Contact us today at 845-682-5572 to schedule a free consultation and discuss your estate administration and probate needs.

What is the Probate Process?

​Probate is conducted relatively the same way from one jurisdiction to another, though there are differences, especially concerning timelines and service requirements. To initiate probate proceedings, a petition must be filed in the appropriate probate court. The court will appoint a personal representative or estate administrator, typically named in the decedent’s will or designated by law.

​Once a representative has been appointed, they must identify, value, and compile the decedent’s assets. The value of each asset is determined in light of all debts and liabilities. Before any assets are distributed to heirs or beneficiaries, debts must be settled. The representative provides notice to all creditors, who, in turn, have a certain period of time to make claims against the estate. The personal representative uses estate funds to settle valid debts and expenses.

​Once debts are paid, the remaining assets are legally transferred to beneficiaries or heirs per the decedent’s wishes or state law. Though this process sounds straightforward, it often isn’t. Many challenges and legal issues arise during the administration of estates, and these challenges can cause delays.

What is the Significance of Probate in Putnam County?

Probate is a crucial legal procedure that follows a person’s death, confirming the distribution of their estate as per their instructions or as dictated by state law in the absence of a will. In Putnam County, just like across New York, probate is indispensable to authenticate a will and designate an executor or administrator to oversee the estate. This procedure acts as a safeguard against fraudulent activities and ensures that all outstanding debts and taxes are settled before the beneficiaries receive their share. The absence of probate could lead to contention among heirs, unpaid creditors, and the decedent’s wishes being overlooked.

What is the Duration of the Probate Process in Putnam County?

The length of the probate process in Putnam County can fluctuate greatly depending on the intricacy of the estate, the existence of a will, and any arising disputes. Typically, probate can range from several months to over a year. Factors that can prolong the timeline include contested wills, challenges in tracing heirs, or complex tax situations. A probate attorney can hasten the process by ensuring all legal prerequisites are promptly and efficiently fulfilled.

What are the Expenses Incurred in Probate?

Probate expenses may encompass court fees, attorney charges, and expenses related to the valuation and administration of the estate. These costs can differ based on the size and complexity of the estate. In certain cases, costs can be reduced through effective estate planning, such as establishing trusts or other mechanisms to avoid probate. The Feller Group, P.C., can provide insights on managing these costs and scrutinize options to lessen the financial strain on the estate and its beneficiaries.

Is It Possible to Circumvent Probate?

Although probate is usually required, strategies exist to bypass it, such as formulating a living trust, appointing beneficiaries on accounts, or holding property jointly. These techniques can allow assets to be transferred directly to beneficiaries without undergoing probate, thereby saving time and money. However, these strategies necessitate meticulous planning and legal acumen. A consultation with a probate attorney can help you explore these options and decide on the best course of action for your circumstances.

What Happens if There is No Will?

In the event of a person dying intestate, i.e., without a will, New York’s intestacy laws dictate the distribution of their assets. Generally, the estate is divided among the nearest relatives, beginning with the surviving spouse and children. If there are no immediate family members, the estate may pass to more distant relatives. A probate attorney can help you comprehend these laws and ensure that the estate is administered according to state guidelines. This is particularly crucial in intricate family situations or when substantial assets are at stake.

How Do Estate Administration and Probate Differ?

Estate administration and probate are both important processes in New York to ensure that the estate of a decedent (the person who has passed away) is properly managed. Estate administration is a process of asset distribution that is used to ensure that all of the decedent’s assets are collected and distributed according to the decedent’s wishes. This includes collecting all the assets, paying any outstanding debts or taxes, and then distributing the remaining assets to the designated beneficiaries. Probate, on the other hand, is a court-supervised process that is used to validate a will and make sure that the decedent’s wishes are being carried out properly.

In New York, probate is required if the decedent’s estate is worth more than $50,000 or if the decedent had real estate in the state. It is important to understand the differences between estate administration and probate in order to ensure that the decedent’s assets are properly managed and distributed according to the decedent’s wishes.

Potential Challenges in Probate and Estate Administration

Challenges in probate can hold up the process, and when that happens, heirs and beneficiaries are most harmed by the delays. Plus, challenges can mean additional costs, potentially reducing the benefits and assets heirs and beneficiaries receive. 

​Three of the most common challenges in probate and estate administration include:

  • Will Contests. Wills go through probate. If there are doubts about the validity of the will, disputes may arise.
  • Disputes Among Heirs or Beneficiaries. Emotions can get testy during probate and some heirs or beneficiaries may believe they are owed something and will fight to obtain it.
  • Complex Tax. Navigating federal and state estate tax requirements demands intricate knowledge, especially when the estate involves multiple jurisdictions.​

At The Feller Group, P.C., our estate attorneys can help you avoid probate altogether through proactive estate planning. However, in the case a loved one dies, and their estate goes through probate, we are here to help you through it so that challenges are minimized or avoided.​

Our Probate & Administration Services Include:

  • Estate Administration
  • Will Probate
  • Estate Litigation
  • Estate Accounting​

How Can You Manage Disputes During Probate?

Various reasons can cause disputes during probate, such as disagreements concerning the validity of a will, the distribution of assets, or the administration of the estate. These disputes can prolong the process and inflate costs. A probate lawyer can mediate these disputes, represent your interests in court, and strive for a resolution that aligns with the decedent’s wishes and legal obligations. The Feller Group, P.C., has experience handling probate disputes and can offer the support you need to tackle these challenges.

How do you appoint an Executor or Administrator of an Estate in NY?

​An Executor or Administrator of an Estate is appointed by the Surrogate’s Court in the county where the decedent resided.  If the decedent had a Will, the Will is submitted to the Court for probate, at which time the Court will authorize the Executor named in the Will to act by issuing Letters Testamentary. If the decedent died intestate (without a Will), a petition for estate administration is submitted to the Court, which will appoint an Administrator to handle the estate. No one has the authority to act unless and until the Court issues Letters Testamentary or Letters of Administration.​

Who can serve as an administrator in NY?

​When a person passes away without a Will (intestate), New York law sets forth who will be appointed as Administrator of the estate in the following order of priority:

  • Surviving spouse 
  • Children
  • Grandchildren 
  • Parents 
  • Siblings 
  • Any other heir who is eligible to qualify

The individual with the highest priority has the first right to serve as the Administrator of the estate – unless they are disqualified.​

What Action Should You Take if You Are Appointed an Executor?

Being designated as an executor of an estate is a substantial responsibility. As an executor, your duties include administering the estate, settling debts and taxes, and distributing assets to beneficiaries. It’s crucial to be aware of your legal responsibilities and the steps involved in the probate process. An estate lawyer can offer valuable assistance, helping you to perform your duties efficiently and in accordance with the law. The Feller Group, P.C., provides comprehensive support for executors, ensuring that you receive the guidance you need at each stage.

What are the Tax Implications of Probate?

Probate can carry significant tax implications, including estate taxes, inheritance taxes, and income taxes on the estate’s earnings. Recognizing these tax obligations is essential to ensure compliance and evade penalties. A probate attorney can guide you through the tax landscape, pinpoint potential liabilities, and examine strategies to reduce the estate’s tax liability. The Feller Group, P.C., provides top-notch advice on addressing tax issues during probate, helping you preserve the estate’s value for its beneficiaries.

How Can a Probate Lawyer in Putnam County Help?

A probate lawyer in Putnam County can simplify the complexities of the probate process for you, ensuring adherence to New York state laws and local court regulations. Their skill and experience can assist you in lodging the necessary paperwork, representing you in court, and managing potential disputes among heirs or creditors. Engaging with a proficient attorney can help you circumvent common mistakes that can prolong the process and inflate costs. The Feller Group, P.C., offers bespoke legal services to aid you in efficiently navigating probate, reducing stress during a challenging period.

Why Choose the Feller Group, P.C., for Probate Services?

Selecting the right probate attorney is crucial for a seamless and efficient process. The Feller Group, P.C., offers seasoned legal representation in Putnam County, delivering personalized service tailored to your unique needs. Our team is dedicated to helping you navigate the intricacies of probate with empathy. Whether you require assistance with estate administration, will contests, or tax issues, we are here to support you at each step. Reach out to us at 845-682-5572 to schedule a free consultation and discover how we can assist you with your probate requirements.