Guiding You Through the Legal Process After a Loss

Losing a loved one is hard enough. Dealing with the legal aftermath shouldn’t make it harder. If you’ve been named as the executor of an estate—or if you’re a beneficiary or concerned family member—understanding how probate works in New York is essential. At Leitner Warywoda, our estate planning lawyers help clients across NYC and Long Island navigate probate and estate administration with confidence and care.

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What Is Probate and When Is It Required?

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Probate is the legal process of validating a deceased person’s will, identifying and appraising their assets, paying debts and taxes, and distributing what's left to the rightful heirs. In New York, probate is typically required when someone dies with a will and has assets solely in their name. If no will exists, the estate is handled through estate administration under the state’s intestacy laws.

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While the Surrogate’s Court oversees probate, the process can become complex—especially with real estate, business interests, family disputes, or missing heirs involved. Our attorneys work to streamline these proceedings and protect your legal interests.

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Executor Responsibilities & Legal Risks

Serving as an executor or administrator comes with legal obligations. You must:

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• Collect and inventory the decedent’s assets

• Notify and repay creditors

• File tax returns and settle liabilities

• Distribute remaining assets according to the will (or law)

Mistakes—like missing deadlines or mismanaging funds—can expose you to personal liability. We provide trusted counsel to help you meet your duties properly, avoid legal pitfalls, and respond to any challenges that arise.

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Avoiding Probate with Smart Planning

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Probate can be time-consuming and costly. Fortunately, there are ways to simplify or avoid it altogether, such as:

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• Revocable living trusts

• Joint ownership of property

• Transfer-on-death (TOD) or payable-on-death (POD) accounts

• Naming beneficiaries for retirement or insurance policies

If you’re planning your own estate, our team can show you how to structure your assets to keep your loved ones out of court and in control.

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Trusted Probate Lawyers Serving NYC & Long Island Families

Whether you’re preparing for the future or dealing with the loss of a family member, you don’t have to face probate alone. Leitner Warywoda’s estate administration attorneys provide clear, compassionate guidance tailored to your situation. From filing paperwork to resolving disputes, we help families throughout New York City and Long Island manage this difficult time with less stress and more support.