Estate Administration

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Administering a loved one’s estate after death often involves legal, financial, and procedural responsibilities that can feel overwhelming during an already difficult time. Morgenstern DeVoesick Kroll Proukou PLLC helps families, executors, administrators, and out-of-town family members navigate estate administration with thoughtful legal guidance and practical counsel.

Our estate administration attorneys assist with probate proceedings, executor responsibilities, asset collection, estate settlement, and Surrogate’s Court filings. Whether a loved one left a Will or passed away without one, we help clients better understand the process and make informed decisions about the next steps, even when they are managing matters from outside the Rochester area.

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Legal Guidance for Estate Administration and Probate

Estate administration is the legal process of managing and settling a person’s affairs after death. This process may involve probating a Will, identifying and valuing assets, addressing creditor claims, paying taxes, and distributing property to beneficiaries or heirs. Our attorneys guide executors, administrators, and family members through each step of the process while helping them understand legal obligations and navigate estate-related responsibilities.

Probate Administration

Guidance through the probate process, including filing a Will with the Surrogate’s Court, obtaining letters testamentary, and administering estate assets.

Executor Guidance

Practical legal support for executors responsible for collecting assets, addressing obligations, handling distributions, and carrying out a loved one’s wishes.

Estate Settlement

Assistance with organizing estate assets, addressing claims, satisfying legal obligations, and distributing property according to the terms of a Will or applicable New York law.

Trust & Asset Administration

Support for managing trusts and administering non-probate assets while coordinating broader estate settlement responsibilities.

Practical Counsel During Difficult Family Transitions

Estate administration often involves legal deadlines, financial decisions, and sensitive family dynamics. Whether you have been named Executor, are navigating probate for the first time, are helping manage a parent's estate from another state, or need assistance administering an estate without a Will, our attorneys provide practical guidance to help clients better understand and navigate a complex process.

We help clients understand probate requirements, prepare filings, communicate with interested parties, and navigate estate-related responsibilities. Many of our clients are balancing estate matters from a distance while coordinating responsibilities with family members in Rochester and throughout New York.

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Frequently Asked Questions About Elder Law & Medicaid Planning

What is estate administration?

Estate administration is the legal process of settling a person’s affairs after death. This process may include probating a Will, identifying assets, addressing debts and taxes, and distributing property to beneficiaries or heirs according to the terms of the Will or applicable New York law.

What is probate?

Probate is the legal process of proving that a Will was validly executed. Once a Will is admitted to probate, the Court may appoint an Executor and issue letters testamentary, which may permit the Executor to collect, transfer, or sell estate assets.

Does a Will have to go through probate?

A Will generally must be probated before it is recognized by the Court and before an Executor may be formally appointed to administer estate assets.

Is probate required for a Will?

Probate is generally required to establish that a Will was validly executed and to permit an Executor to administer assets titled solely in the decedent’s name.

What assets go through probate?

Assets owned solely in a decedent’s name may require probate. This can include bank accounts, real estate, and personal property without joint ownership or beneficiary designations.

How can probate be avoided?

Certain assets may pass outside of probate through joint ownership, beneficiary designations, trusts, or other estate planning arrangements. Planning strategies may help reduce the number of assets subject to probate depending on individual circumstances.

Are bank accounts subject to probate?

Bank accounts owned solely by a deceased individual generally must be collected by an Executor or Administrator as part of estate administration.

What happens if no one opens probate?

If probate is not initiated, assets held solely in the decedent’s name may remain inaccessible and could ultimately pass to New York State Unclaimed Funds depending on the circumstances.

How long does probate take?

The probate timeline depends on the facts of the estate, court requirements, and whether disputes arise. In some matters, probate may proceed relatively quickly, while more complex situations may take longer.

Can I probate a Will without an attorney?

While individuals may attempt to probate a Will without legal representation, probate can involve detailed filing requirements, court procedures, and deadlines. Many individuals choose to work with an attorney to help avoid delays or procedural issues.

How long after probate will beneficiaries receive distributions?

In New York, creditors generally have seven months from the date probate is granted to present claims against an estate. Depending on the circumstances of the estate, distributions may occur after this period and after legal and administrative obligations are addressed.

What happens if an Executor does not probate the Will?

If a Will is not probated, an Executor is generally not formally appointed, and estate assets may be difficult or impossible to transfer, sell, or distribute until the appropriate legal process occurs.

How much does estate administration cost?

The cost of estate administration varies depending on the size and complexity of the estate and the legal services required. Billing structures may vary depending on the circumstances and the scope of representation. At MDKP, we're pleased to offer a flat-fee billing arrangement to our clients on most estate administrations as opposed to the uncertainty of hourly billing.

What do I do if there is no Will?

When someone dies without a Will, New York law gives priority to specific people to serve as administrator. Without a plan in place, the likelihood of a contested administration proceeding increases as families argue over who should be in control. In these situations, it is essential to have an experienced estate attorney who can cool down the situation and try to reach a settlement; or litigate for your position if that becomes necessary.

Why Clients Trust MDKP

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Experienced Guidance for Estate Administration

Administering a loved one’s estate can feel overwhelming, particularly during a period of loss. The attorneys at Morgenstern DeVoesick Kroll Proukou PLLC provide thoughtful legal counsel to help families, executors, and administrators better understand estate administration and probate-related responsibilities.

Whether you are beginning the probate process, managing estate responsibilities locally, or coordinating a loved one's estate from outside the Rochester area, we welcome the opportunity to discuss your situation and how we may assist.

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