Contact Information

182 Rose Avenue
Staten Island, NY 10306

Phone: (718) 698-1287
Fax: (718) 698-2962

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New York Probate and Administration attorney Brian Solomon at the Staten Island law office of Brian D. Solomon helps ensure the most swift, smooth asset transfer possible for clients who have recently lost a loved one. In such distressing times, court proceedings are the last things you want to worry about. We handle all facets of estate administration and probate proceedings, settling the obligations and distributing assets to the beneficiaries.

Contact Brian Solomon today for your initial Probate and Administration consultation. Listed below are some frequently asked questions about Probate administration and the New York Surrogates Court:

What’s going to happen?

First, someone must be appointed as the estate’s “executor” (if there is a will) or “administrator” (if there is no will). The probate or administration proceeding is usually initiated by the named executor (if there is a will) or a beneficiary or a creditor of the estate (if there is no will), although it can be initiated by any interested party in either situation.

What does it mean to be an executor or administrator of the estate?

The executor or administrator of the estate has a very serious fiduciary responsibility, which involves supervising all distributions, including making sure all last wishes are met, all liabilities are paid off, all beneficiaries receive their fair share of the estate, and all personal property is properly distributed.

The executor or administrator is not personally responsible for the debts of the deceased, but that person must ensure that those debts are paid off with whatever assets are in the estate. Because the task is both crucial and complex, executors often rely heavily on a skilled attorney’s advice.

What’s the difference between a probate and an administration proceeding?

Probate involves presenting the will of the deceased to the Surrogates Court, and having the court enforce that will. Administration proceedings only take place in cases where there is no will (the person dies “intestate“). In this case, New York State guidelines regarding inheritance are then used in lieu of a will. Both proceedings are conducted before the Surrogates Court in the New York county in which the person died, or in which that person held property.