After losing a loved one, dealing with the legal and emotional journey of probate can feel overwhelming. Many people struggle to understand the process, in part because of the specialized legal jargon surrounding many of these steps. One example is opening an estate in probate in Melville. The process may sound complex, but with a trusted partner by your side, it becomes manageable.
At Tully Law Group, PC, our probate attorneys understand how challenging this process can be and are here to guide you every step of the way.
Handling all of the legal aspects of a deceased person’s estate is known as probate. It includes:
In Melville, the process begins with opening an estate in the Surrogate’s Court.
The purpose of probate is to ensure that the decedent’s assets are handled according to the deceased’s expressed wishes. If the decedent did not leave a will, then the state’s intestacy laws will govern their distribution. Probate handles the distribution of assets, whether or not a decedent has left an estate. However, there are ways for a person to leave assets that will let their beneficiaries avoid probate.
The probate process begins with someone filing a petition in the Surrogate’s Court. In Melville, the Suffolk County Surrogate’s Court is the correct venue. The people seeking to open an estate need to submit a petition to request the court’s validation of the distribution. Where there is a will, the executor usually submits the request along with a copy of the will. When there is no will, another party requests opening probate and asks the court to appoint an administrator.
All interested parties must receive notice of the probate process. The court requires this but relies on the parties to handle the notice. The goal is to ensure that everyone with a potential legal stake in the estate has the chance to participate. If a person believes they are an interested party in an estate that should be in probate, they may want to check local cases to ensure they have received notice.
Once the court validates the will, it officially appoints an executor or administrator. While these people serve the same function, the different names are intentional. An executor is named in a will. If there is no will, the appointed person is known as an administrator. Either way, this person becomes responsible for:
The executor creates an inventory—a deceased record of the estate’s assets, which frequently include:
The inventory is essential for determining estate taxes, ensuring an equitable distribution, and determining if the estate is sufficient to settle debts and taxes. Before the executor can distribute money to beneficiaries, the estate has to pay all outstanding debts and taxes. Once they have handled all of the estate obligations, the executor turns to distribute any remaining assets according to the terms of the will. If a person dies intestate—without a will—the administrator distributes assets according to New York’s intestacy laws.
While probate is straightforward in most cases, it can involve unexpected challenges. The executor may have incomplete documentation, or there may be issues about the validity of the will, or the beneficiaries may fight over assets. Families are complex, and—in some scenarios—it can be impossible to avoid all of these challenges. However, working with experienced professionals can help mitigate these risks.
By partnering with Tully Law Group, PC, executors, administrators, or beneficiaries can rest assured that all legal requirements will be met. Our team works proactively to address potential hurdles, starting with opening a Melville estate in probate. By letting our qualified lawyers handle the probate process, families can focus on healing and moving forward.
At Tully Law Group, PC, we approach the probate process as more than a legal transaction—it is a relationship built on trust, compassion, and understanding. We believe in walking clients through every step of opening an estate in probate in Melville, ensuring they feel supported and informed.
Handling an estate does not have to be a daunting process. Allowing a lawyer to handle most of it can make the process painless and relatively stress-free. To find out more, schedule a free consultation. Whether you are just starting the probate process or need assistance managing an estate, our compassionate team is here to help.
