PROBATE AND ADMINISTRATION

These terms refer to the legal distribution of an estate after death. In instances where there is a will, probate is the method by which the will is established to the court to be the deceased’s legitimate last will and testament. Through probate, jurisdiction is acquired over all interested parties, who are provided the opportunity to contest the validity of the will. Subsequently, the will is admitted to probate and the individual designated as executor is appointed to carry out the wishes of the deceased.

In the event that there is no will, an administration proceeding is necessary. In such cases, state law establishes the rules for the distribution of a deceased’s estate. Individuals who qualify as statutory “distributees” may petition the court to be appointed as “administrator” of the estate. The administrator is granted the authority and rights paralleling those of an executor in a probate proceeding.

The amount of time needed to complete the probate or administration of an estate varies, depending on the size and complexity of the estate and the local rules of the Surrogate’s Court. Enlisting the aid of an attorney experienced in handling such matters helps to eliminate costly errors, can greatly reduce the time needed to “close the estate,” and removes the burdensome legal needs of estate administration from the already overwhelmed minds of the bereaved family.

The attorneys at Greenwald Weiss have extensive experience in the areas of probate and administration and can be trusted to handle these matters with expertise and sensitivity.