Our law firm routinely assists in probate matters. This is essentially a situation where a loved one passes away and a will was set in place. An accounting of assets are made, managed, and properly distributed. Also, administrative proceedings and appearances take place within your local Surrogate’s Court. The attorneys at Mishiyeva Law, PLLC., are available to provide assistance for estate and probate matters. If you are in the Upper West Side area of Manhattan, call us today for assistance at (646) 736-6328.

Two forms of administration after the death of a loved one take place; Probate & Estate Administration. Probate as mentioned earlier is when a final will and testament is available. Estate Administration occurs when no will is set in place. As you can imagine, Estate Administration gets more complicated.

When the matter falls under probate, an executor is appointed. The executor manages the estate. During estate administration, typically a close family member acts as the administrator. These individuals would retain an estate attorney in New York to file a petition with Surrogate’s Court. A petition is essentially a request. This particular request that the attorney is filing would ask the courts to have the will on file be admitted and would further ask the court to select someone to manage the property, collect the assets, pay the estate’s bills, and distribute the remaining assets to the appropriate beneficiaries. The family of the decedent have to be notified of the appointed administrator/executor through what is called a citation. The family has every right to contest the appointment of the administrator/executor and also has the right to contest the will. A common contest we have seen is the heirs stating the decedent  was suffering from an unsound mind when they had drafted the will. Normally either a settlement proceeding would take place to appease the heirs, or all the parties involved would enter into estate litigation. If there is no contest, the executor/administrator is appointed, and they can begin managing the property of the decedent and proceed with distributions to all appropriate heirs. 

Probate and Estate Administration matters can get very complex for the uninitiated. The best decision you can make for yourself and your family is hiring a probate lawyer serving all of New York City including the Upper West Side. Our office is located in the heart of the financial district. We handle not only probate matters, we provide legal assistance for estate planning, guardianship proceedings, and asset protection. We serve the following zip codes with all estate and probate matters: 10023, 10024, 10025. Contact us or call us today for a free consultation at (646) 736-6328.