A loved one has left a Last Will and Testament. What do you do now? If you are named as the Executor in the Will, it is necessary to “probate” the Will. This can be a daunting process. Who has a right to receive a Citation? Who a right to receive a Notice of Probate? Does the NYS Attorney General have to be served? Do the witnesses to the Will have to be located and contacted? Which is the proper Surrogate’s Court in which to petition for probate? These are just a few of the many questions that have to be addressed before even drafting the Probate Petition and the various other documents required to be submitted to Surrogate’s Court. An experienced, skilled trusts and estates attorney will relieve you of the stress of undertaking a complicated and highly procedural court process. Attorney Nowotny has probated many Wills throughout her career and will bring her experience to bear.
If there is not a Last Will and Testament a different court proceeding is required calledAdministration. Before addressing some of the questions raised above, threshold questions arise as to who can petition the court and who may serve as the estate’s fiduciary. Again, this is a complicated and procedural process. The services of a veteran trusts and estates attorney will ease the process and the anxiety.
Critical time frames must be adhered to in the handling of an estate. Penalties and surcharges can result if the applicable time frames are not met. Again, a knowledgeable estates attorney will work with you to comply with the time frames and all responsibilities of estate administration.