When a loved one passes away, I'm here to guide you through what comes next.
Settling an estate can feel overwhelming, especially while you're grieving. I'll handle the legal work with you, step by step, and explain everything along the way.
What to do first
- Find the original will, if there is one. The court needs the original, not a copy.
- Don't sell, give away, or divide anything yet, including the house, car, or personal belongings.
- Gather recent statements for bank accounts, investments, retirement accounts, life insurance, and the deed.
- Get several certified death certificates from the funeral home.
- Call me. I'll explain what's needed and what can wait.
Probate, administration, and trust settlement
Probate (there is a will)
The Surrogate's Court confirms the will and appoints the executor. I prepare and file the petition and guide the executor through each of their duties.
Administration (there is no will)
When someone dies without a will, New York law decides who inherits and the court appoints an administrator. I handle the filing and help the family through it.
Trust Settlement
If assets were held in a trust, the court may not be needed at all. I help the successor trustee handle and distribute the trust properly.
How I help settle the estate
- Filing with the Surrogate's CourtPreparing the petition and obtaining letters so you have legal authority to act.
- Notifying family and beneficiariesHandling the required notices and waivers.
- Collecting and protecting assetsOpening the estate account and gathering accounts, property, and belongings.
- Paying debts, expenses, and taxesMaking sure bills and any estate taxes are handled correctly and in the right order.
- Selling the house, if neededHandling the sale of the family home as part of the estate. Estate real estate sales
- Accounting and final distributionDocumenting what came in and went out, and distributing to the beneficiaries.
Questions families ask after a loss
How long does it take to settle an estate?
It depends on how complex the estate is. A simple estate can take several months, many take about a year, and complicated estates can take several years. I'll give you a realistic timeline for your situation.
Does every estate have to go through probate?
No. Accounts with named beneficiaries, jointly owned property, and assets held in a trust usually pass outside of probate. Smaller estates may qualify for a simpler procedure. I'll tell you exactly what's needed.
I've been named executor. Am I personally responsible?
An executor has real legal duties, and mistakes can create personal liability. That's why it helps to have an attorney guiding you. I'll make sure each step is done properly.
What happens to the house?
The house may be kept by a family member, transferred to beneficiaries, or sold by the estate. Because I also handle real estate, I can manage the sale as part of the estate.