Brooklyn Probate Lawyer

Providing guidance for families and executors in settling estates

Probate is the court proceeding used to determine whether a decedent’s will is legally valid and to facilitate the transfer of assets to the will’s beneficiaries. Losing a close family member is painful and managing a court case at the same time can feel overwhelming. At the Law Offices of Peter G. Gray, P.C. in Brooklyn, our attorney has more than 25 years of experience guiding families and executors through the probate process, helping them protect estate assets and prevent avoidable delays.

How does probate work in New York?

Probate is conducted in the Surrogate’s Court in the county of the decedent’s last residence. The proceeding begins with a relative, friend or associate filing a probate petition, together with the decedent’s will and death certificate. Notice of the probate proceeding must be given to the decedent’s heirs at law and anyone else with a legal interest in the estate or whose rights could be affected by the will. Notice is provided through formal court citations or by noticed parties signing waivers and consents. If questions arise, the court may require testimony from the witnesses to the will or other evidence showing it was signed with the required formalities and that the testator seemed competent.

Once the court determines the will was properly executed, it will issue letters testamentary to the executor named in the will. If no executor was named or the named executor is unavailable, the court will select an executor from the decedent’s heirs at law, in order of the surviving spouse, children, grandchildren, parents and brothers or sisters.

What are the executor’s responsibilities?

Letters testamentary give the executor authority to collect property, attend to all estate obligations and distribute the remaining assets according to the will’s instructions. Upon receiving letters testamentary, the executor is empowered to:

• Locate and secure estate property
• Open a separate estate bank account
• Collect income or money owed to the decedent
• Obtain appraisals and date-of-death values
• Pay valid debts, expenses and taxes
• Maintain complete financial records
• Communicate with beneficiaries
• Distribute assets according to the will

The executor must keep estate funds separate from personal money. The court will require an accounting showing all property received, expenses paid and distributions made.

How are assets, debts and taxes handled?

The executor must identify property owned solely by the decedent, including bank accounts, investments, real estate, business interests and personal belongings. Jointly owned property and financial accounts with valid beneficiary designations may pass outside probate. Some property may require professional valuation, such as real estate, artwork or a closely held business. Before distributing assets, the executor must address valid creditor claims, administration expenses and taxes. Required filings include the decedent’s final income tax return and an estate income tax return. 

How are assets distributed to beneficiaries?

After obligations have been paid and the proper waiting period has passed, the executor may distribute the remaining property according to the will. Some assets can be conveyed directly. Others must be sold and proceeds divided. Estate taxes, if any, are apportioned based on the beneficiaries’ shares.

What happens if a will is contested?

An heir or other interested party may challenge a will by alleging the testator’s lack of capacity, improper execution, fraud or undue influence. Contests may also concern missing property, executor misconduct, creditor claims or beneficiary rights. Disputes not resolved through negotiation must go through estate litigation. Our firm helps executors protect estate property and pursue resolutions.

Can probate be avoided?

Property may pass outside of probate through joint ownership, beneficiary designations or transfer-on-death arrangements. A properly created and funded living trust can also transfer assets without probate. However, any property of the decedent left out of the trust must still go through probate. 

Contact a Brooklyn probate attorney for the assistance you need

At the Law Offices of Peter G. Gray, P.C. in Brooklyn, N.Y., we guide executors through the probate process, providing steadfast advice. Call us at 929-367-4333 or contact us online for a free initial consultation.