Probate and Administration of Estates

What is Probate?

It is a process by which an Executor or a Personal Representative is appointed to oversee the distribution of an estate in accordance with a Will.

What is Administration?

It is a process by which an Administrator is appointed to oversee the distribution on an estate of a deceased in the absence of a Will, where the Administrator proceeds in accordance with the intestacy statutes of the state law.

Probate and Administration Practice

Kaplan Law Practice LLC. carries on an active practice in both the City of New York and in New Jersey.

The Surrogate’s Court has its own rules of practice. This is especially true in New York, where the Surrogates Courts Practice statutes add considerable complexity to the handling of estates of the deceased. As is true in most courts, the clerks of the Surrogates Court will generally assist the unrepresented navigate the labyrinth of confusing requirements. However, court clerks will provide guidance on procedural issues but may not offer legal advice.

Therefore, even uncontested estates often require the services of a competent attorney. While most of us are capable of probating simplest estates, you should nevertheless consider hiring an attorney even for simple estate situations. This is especially true when there are multiple distributes (folks having a share of the estates) or multiple executors.

Joshua Kaplan of Kaplan Law Practice has represented numerous clients at Surrogates Courts in both New York and New Jersey and is familiar with the court procedure in both states.

Unfortunately during this emotionally charged time, people are more vulnerable to unethical billing practices, exorbitant fees and contingency scenarios, which reduce the share of the estate available for the heirs. At Kaplan Law Practice, we will work with you on a fee structure that makes sense, and we will help you manage your costs. We offer flat fees, payment plans, and in some situations, reduced hourly rates.

What we do:

1. Full Probate and Administration Matters (no case too simple, or estate too large);
2. Guardianship Proceedings;
3. Will Contests;
4. Kinship Proceedings;
5. Fiduciary Removals and Accounting

DEFINITIONS

Surrogates Court- is the court having jurisdiction to hear and enforce questions concerning wills and estates. Each county in NY and NJ has one. Surrogates court procedure is unique, and focuses on streamlining the process.? To open an estate case for you deceased relative, you will need to submit a probate or administration petition to the Surrogate?s Court in the county where your relative resided before his or her death.

Executor- is someone nominated in a will to handle a distribution of an Estate. Despite the nomination, the Executor has no legal enforcement authority without a formal appointment by the Court.

Administrator--is someone who is appointed to handle a distribution of an Estate. Individuals may petition the court to be appointed as Administrators. State statutes govern who may be appointed as the Administrator. In general, close family members are generally good candidates to serve as administrators.

Both an executor and administrator represent the fiduciaries of an estate and are held accountable for their actions. Those appointed to serve as fiduciaries must take their roles very seriously or risk being removed, civilly sued or criminally prosecuted for failure or omissions.