Clark Peshkin
Probate and Estate Settlement in Rochester
Losing a loved one is never easy, and navigating the legal complexities of probate in New York can feel overwhelming. Probate is the legal process in which the court oversees the validation of a will, ensures debts and taxes are paid, and distributes the remaining assets to the rightful heirs — either as outlined in the will or, if there is no will, according to New York’s intestacy laws.
With offices in Rochester, Buffalo, and Syracuse, our experienced probate attorneys provide compassionate, client-focused support for families across Upstate New York. Whether your loved one had a simple estate or a complex array of assets, we can guide you through the probate process with confidence.
What Is Probate in New York?
Probate is the legal court process that occurs after someone passes away, when they have left behind a will. It ensures that any debts are resolved and assets are distributed — according to the deceased’s wishes.
Probate vs. Administration: What’s the Difference?
When the deceased has a will, the process is called probate, and the executor named in the will oversees the estate. When there is no will, the process is known as administration, and the court appoints an administrator to manage the estate according to state law.
Although the legal terms differ, probate and administration follow very similar procedures. For simplicity, we often refer to both processes collectively as probate.
Probate Involves:
- Filing the Will: Submitting the will to Surrogate’s Court in the county where the deceased person lived — whether in Rochester, Buffalo, Syracuse, or another part of New York.
- Appointing an Executor or Administrator: The court appoints an executor (named in the will) or an administrator (if no will exists).
- Identifying and Valuing Assets: The executor identifies and values the estate’s assets, including real estate, bank accounts, investments, and personal property.
- Settling Debts and Taxes: Outstanding debts, funeral expenses, and taxes are paid before assets can be distributed.
- Distributing Assets to Heirs: Once debts are resolved, the remaining assets are distributed according to the will or state law.
- Filing Final Accounting: The executor submits the final accounting documents to the court, officially closing the estate.
Why Choose Clark Peshkin for Probate in Rochester, Buffalo, or Syracuse?
- Local Experience: Our attorneys have extensive experience handling probate in Rochester, Buffalo, Syracuse, and across New York state. We understand the specific rules and procedures of local Surrogate’s Courts.
- Efficient Case Management: We help you avoid common pitfalls that can delay probate, ensuring your loved one’s estate is settled efficiently and accurately.
- Complex Estate Expertise: Whether the estate involves multiple properties, contested wills, or significant assets, our team has the skills to navigate even the most complex probate matters.
- Compassionate Guidance: We recognize that probate is a legal process but also an emotional journey. Our team provides clear, compassionate support from start to finish.
- Comprehensive Estate Planning Services: Beyond probate, we offer estate planning, Medicaid planning, wills, trusts, and asset protection strategies to help your family plan for the future.
When Is Probate Required in New York?
You may need to initiate probate in Rochester, Buffalo, Syracuse, or any New York county if:
- The deceased person had assets solely in their name (not jointly owned or in a trust).
- The estate is valued at more than $50,000.
- If the estate is valued at less than $50,000, then a less extensive small estate administration is necessary.
- The will is unclear, contested, or missing key legal elements.
Probate may not be necessary if:
- Assets were placed in a trust to bypass probate.
- The deceased person owned joint accounts, payable-on-death accounts, or jointly titled property.
- The estate qualifies for small estate administration (under $50,000).
If you’re unsure whether probate is necessary, our probate attorneys in Rochester, Buffalo, and Syracuse can evaluate your case and develop a plan to guide you through the process.
The Probate Process in New York
1. Filing the Probate Petition
The executor (or administrator) begins by filing a Petition for Probate with the Surrogate’s Court in the county where the deceased person resided — whether in Rochester, Buffalo, Syracuse, or another area.
2. Court Review & Executor Appointment
The court reviews the petition to confirm the will’s validity and formally appoints the executor, granting them authority to manage the estate.
3. Identifying & Valuing Assets
The executor compiles an inventory of the estate’s assets, including real estate, bank accounts, investments, and personal property.
4. Settling Debts & Taxes
Outstanding debts, funeral expenses, and taxes are paid before assets are distributed.
5. Distributing Assets to Beneficiaries
Once debts are settled, the remaining assets are distributed according to the will (or state law if no will exists).
6. Closing the Estate
The executor files final accounting documents with the court, ensuring all responsibilities have been met before probate is officially closed.
Frequently Asked Questions (FAQs)
What is the difference between probate and estate administration?
Probate is the court-supervised process of validating a will and distributing assets. Estate administration is a broader term that includes managing an estate whether there is a will or not.
How long does probate take in New York?
The process typically takes 10 to 18 months but can take longer if there are disputes, complex assets, or unresolved creditor claims.
Can probate be avoided in New York?
What happens if the will is contested?
Can I serve as an executor if I live out of state?
Client Success Stories and Resources
At our firm, we understand that choosing the right probate attorney is a big decision. Don’t just take our word for it — read what our clients have to say about their experiences with our team. We also offer a wealth of information in our Blog, covering topics like probate, estate planning, and elder law.
Client Testimonials
Explore Our Blog
Contact Us for Probate Guidance in Rochester, Buffalo, and Syracuse
If you’re facing the probate process after losing a loved one, our experienced probate attorneys in Rochester, Buffalo, and Syracuse are here to help. We provide compassionate, effective legal representation to ensure your loved one’s estate is handled properly.
Schedule Your Consultation Today — contact our offices in Rochester, Buffalo, or Syracuse, NY, to speak with a knowledgeable probate attorney about your specific situation.