Clark Peshkin
Trust Administration in Rochester
Efficiently Managing Estates & Trusts with Precision and Expertise
Administering an estate or trust after losing a loved one can quickly feel overwhelming due to the complex legal, financial, and tax responsibilities involved. Whether you’re serving as an executor, administrator, or trustee, partnering with an experienced estate planning attorney can make the difference between a smooth, compliant administration and a stressful experience filled with costly mistakes. At Clark Peshkin, we understand the emotional and practical challenges you’re facing and provide clear, compassionate, and comprehensive guidance every step of the way.
Understanding Estate & Trust Administration in New York
Estate and trust administration involves managing and distributing an individual’s assets after death. The process varies significantly depending on whether the decedent had a will, died without a will (intestate), or had a trust-based estate plan. Understanding these differences is crucial to fulfilling your legal obligations correctly and efficiently.
Trust Administration
Trust administration occurs when assets have been placed in a trust, allowing distribution without court involvement. Trustees are responsible for:
- Reviewing and understanding trust documents and obligations.
- Identifying trust assets and establishing their date-of-death values.
- Managing investments prudently and responsibly.
- Communicating transparently with beneficiaries and addressing concerns promptly.
- Paying debts, final expenses, taxes, and any ongoing administrative costs.
- Distributing assets precisely according to the terms outlined in the trust.
While trust administration typically avoids probate court, trustees are still legally obligated to act in beneficiaries’ best interests, maintain accurate records, and comply fully with state and federal laws.
Estate Administration (Probate & Intestate)
Estate administration occurs when an individual’s assets must be distributed through probate (if there is a will) or through New York’s intestacy laws (if no will exists). Responsibilities typically include:
- Filing legal documents with Surrogate’s Court in the county where the deceased lived.
- Calculating and paying court filing fees, determined by the estate’s total value.
- Locating and valuing estate assets, such as real estate, investments, businesses, and personal property.
- Paying outstanding debts, final expenses, and taxes (state and federal).
- Distributing inheritances to beneficiaries according to the will or intestacy rules.
- Preparing and filing the final accounting to officially close the estate.
What to Expect During the Administration Process in New York
1. Initiating Estate or Trust Administration
- With a Will (Probate): The executor files a petition for probate with the Surrogate’s Court.
- Without a Will (Intestate): A family member petitions the court to be appointed as the administrator.
- With a Trust: The appointed trustee assumes control immediately according to the trust’s instructions.
2. Identifying & Valuing Assets
The executor, administrator, or trustee must inventory all assets, including financial accounts, real estate, personal property, and investments, assigning their values as of the date of death.
3. Settling Debts, Expenses & Taxes
Before assets can be distributed, creditors must be identified and paid, final bills settled, and all applicable estate taxes resolved. In New York, creditors have seven months from the executor’s appointment to submit claims.
4. Distributing Assets to Beneficiaries
- Probate estates distribute assets according to the will or New York intestacy laws.
- Trust estates distribute assets privately according to trust terms, bypassing court oversight.
5. Closing the Estate or Trust
Executors and administrators file final accountings with Surrogate’s Court, officially closing the estate. Trustees handle trust settlements privately, ensuring all obligations have been met and documented thoroughly.
Frequently Asked Questions About Estate & Trust Administration
What Is Probate, and Can It Be Avoided?
How Long Does Estate Administration Usually Take?
Do I Need an Attorney If I’m the Executor or Trustee?
Does the Attorney Who Drafted the Will or Trust Have to Handle the Estate or Trust Administration?
Why Work with Clark Peshkin for Estate & Trust Administration?
- Proven Experience: Our attorneys have experience handling estates and trusts of all sizes, complexities, and circumstances, ensuring efficient and compliant management.
- Client-Focused Guidance: Every client receives personalized attention and clear communication, so you always know what is happening and your next steps.
- Comprehensive Services: From probate court filings to trust distributions and tax filings, we handle every aspect of administration, reducing your stress and responsibilities.
- Transparent Pricing: We provide clear, upfront fee estimates so you always understand the financial side of the process. Unlike many attorneys who charge a percentage of the estate’s value, we believe in a more equitable approach — basing our fees on the actual work involved, not the size of the estate.
Convenient Office Locations Across Upstate New York
Clark Peshkin proudly serves clients across Upstate New York from our convenient office locations:
Buffalo Office:
Serving Erie County and Western New York
716.354.1611
Rochester Office:
Serving Monroe County and surrounding communities
585.565.6299
Syracuse Office:
Serving Onondaga County and Central New York
315.895.5979
Hear from Our Clients and Explore Our Resources
Client Testimonials
We encourage prospective clients to see firsthand how we’ve helped families navigate the complexities of estate and trust administration. Visit our Client Testimonials page to hear directly from people we’ve supported through this challenging process.
Explore Our Blog
Our regularly updated Blog also provides valuable insights and practical information on estate planning, probate, trust administration, and related legal topics, helping you stay informed every step of the way.
Get Started Today: Contact Clark Peshkin
If you’ve recently lost a loved one or have been appointed as executor, administrator, or trustee, don’t try to navigate estate or trust administration alone. Our experienced attorneys at Clark Peshkin are here to provide guidance, simplify complex processes, and support you through every step.
Schedule a Consultation
To schedule a confidential consultation with an experienced estate administration lawyer in Rochester, Buffalo, or Syracuse, NY, simply call our offices or fill out our online contact form. Let us help you manage your legal responsibilities with confidence and clarity.