By the Law Firm of Figeroux & Associates

Probate is the legal process of validating a will and distributing a deceased person’s assets under court supervision. In New York State, this process can be time-consuming, costly, and public. Understanding how probate works—and whether it can be avoided—is critical for efficient estate management. The Law Firm of Figeroux & Associates, located at 26 Court Street, Suite 701, Brooklyn, NY 11242, offers expert guidance to simplify probate or bypass it entirely.

The Probate Process in NYS

1. Filing the Will and Petition: The process begins by submitting the will and a petition to the Surrogate’s Court in the county where the deceased resided. If no will exists, the court appoints an administrator under intestacy laws.
2. Appointing the Executor: The court validates the will and appoints the named executor, who manages the estate. Without a will, an administrator is designated.
3. Notifying Heirs and Creditors: New York law requires notifying potential heirs and creditors, who then have seven months to file claims.
4. Inventorying Assets: The executor catalogs all estate assets, including real estate, bank accounts, and personal property.
5. Paying Debts and Taxes: Outstanding debts, funeral expenses, and taxes (including NYS estate tax) are settled.
6. Distributing Remaining Assets: After obligations are met, remaining assets are distributed to beneficiaries.
7. Closing the Estate: The executor submits final accounting to the court, formally closing the estate.

Challenges in NYS Probate
Probate in NYS can take 9–24 months, with costs including court fees, legal expenses, and executor commissions. Disputes over wills or asset distribution may prolong the process, and all proceedings are public record.

Strategies to Avoid Probate

1. Revocable Living Trusts: Assets placed in a trust bypass probate and transfer directly to beneficiaries.
2. Joint Ownership: Property owned jointly (e.g., “rights of survivorship”) automatically transfers to the co-owner.
3. Beneficiary Designations: Retirement accounts, life insurance, and TOD/POD accounts avoid probate.
4. Gifting: Reducing estate size through lifetime gifts minimizes probate assets.
5. Small Estate Affidavit: For estates under $50,000 (excluding real property), heirs can use a simplified affidavit.

How Figeroux & Associates Can Help
The Law Firm of Figeroux & Associates provides tailored solutions for probate and estate planning. Their services include:

• Drafting wills and trusts to avoid probate.
• Guiding executors through court procedures.
• Resolving disputes among heirs or creditors.
• Advising on tax-efficient strategies.

With deep knowledge of NYS laws, the firm ensures clients save time, reduce costs, and maintain privacy.

Conclusion
Probate in NYS need not be overwhelming. By partnering with Figeroux & Associates, individuals can navigate the process confidently or avoid it altogether. Visit www.askthelawyer.us or call 855-768-8845 or text 718-986-4362 to schedule a consultation. Secure your family’s future today.