Long Island Estate Administration Lawyer

When a loved one dies, families are often faced with important legal and financial responsibilities at the same time they are grieving. Homes may need to be maintained, financial accounts may become inaccessible, bills continue to arrive, and questions often arise regarding who has the legal authority to manage the estate. Whether the estate includes a home in Nassau County, waterfront property in Suffolk County, a family business, investment accounts, or valuable personal belongings, each asset must be properly administered before it can be transferred to the appropriate beneficiaries or heirs.

No two Long Island estates are exactly alike. Some can be settled with relatively little court involvement, while others require addressing creditor claims, valuing real estate, identifying probate property, resolving family disputes, or determining who has the legal authority to act on behalf of the estate. Understanding the administration process early can help families avoid unnecessary delays and make informed decisions throughout the proceeding.

At Stephen Bilkis & Associates, our experienced Long Island estate administration lawyers represent executors, administrators, beneficiaries, and heirs in estate matters throughout Nassau County, Suffolk County, and the surrounding New York metropolitan area. The firm is led by Stephen Bilkis, who has been recognized by Super Lawyers, received an Avvo Excellent rating, and earned recognition from Justia, Expertise.com, and TopLawyer.com. Our attorneys help clients understand their rights and responsibilities, protect estate assets, and guide them through every stage of the estate administration process.

What Happens During Estate Administration?

Although no two estates are exactly alike, most estate administrations follow the same general sequence of events. The length of each stage depends on the size and complexity of the estate, the types of assets involved, and whether disputes arise during the administration process. Understanding these stages can help executors, administrators, beneficiaries, and heirs know what to expect.

• Appointment of an administrator. The estate administration process generally begins when the Surrogate’s Court appoints an administrator, who serves as the estate’s fiduciary. A fiduciary is a person who has a legal duty to act in the best interests of the estate and the individuals entitled to inherit from it. The court then issues Letters of Administration, giving the administrator the legal authority to act on behalf of the estate. Because Long Island consists of Nassau County and Suffolk County, estate administration proceedings are typically filed in one of those two Surrogate’s Courts, depending on where the deceased person was domiciled at the time of death. The Nassau County Surrogate’s Court is located at 262 Old Country Road, Mineola, NY, while the Suffolk County Surrogate’s Court is located at 320 Center Drive, Riverhead, NY.
• Identifying and inventorying estate assets. One of the administrator’s first responsibilities is figuring out exactly what the deceased person owned. This may include locating homes, bank and investment accounts, businesses, vehicles, jewelry, artwork, collectibles, and other property that becomes part of the estate. Until those assets have been identified, it is often difficult to determine the value of the estate or what ultimately will be distributed to the beneficiaries or heirs.
• Notifying creditors and interested parties. The administrator must identify individuals and businesses that may have a legal claim against the estate. Common creditors include mortgage lenders, credit card companies, hospitals and other medical providers, nursing homes, utility companies, and anyone else to whom the deceased person owed money. During this stage, beneficiaries and other interested parties may also receive notices regarding the estate administration proceeding.
• Paying debts, expenses, and taxes. Before beneficiaries or heirs receive distributions, the estate’s financial obligations generally must be addressed. Depending on the circumstances, this may include paying funeral expenses, outstanding bills, taxes, mortgage payments, and other valid claims against the estate.
• Resolving legal or financial issues. Some estates move through the administration process with few complications, while others involve disputes regarding ownership of property, creditor claims, inheritance rights, or the actions of the executor or administrator. When disagreements cannot be resolved informally, they may require proceedings before the Surrogate’s Court.
• Distributing estate assets. Once the estate’s debts, taxes, expenses, and other legal obligations have been satisfied, the remaining estate assets can be distributed to the individuals who are legally entitled to receive them. The timing and manner of those distributions depend on the circumstances of the estate and applicable New York law. If the deceased person did not leave a valid will, the remaining assets are generally distributed according to New York’s laws of intestate succession. See EPTL § 4-1.1.
• Closing the estate. Once all required tasks have been completed, the executor or administrator takes the final steps necessary to conclude the estate administration proceeding. This may include preparing a final accounting, obtaining receipts or releases from beneficiaries when appropriate, and filing any documents required by the Surrogate’s Court before the estate can be officially closed.

While these stages are common to many estates, every administration presents its own challenges. An experienced Long Island estate administration lawyer can explain each step of the process, help anticipate potential issues, and provide guidance from the initial court proceeding through the final settlement of the estate.

Can My Family Handle the Estate Without Going to Court?

One thing we know for sure is that most families would prefer to settle an estate without going to court. Whether that is possible depends largely on the type of property the deceased person owned, how that property was titled, and whether it passes automatically to someone else after death. If the estate includes probate property, a formal estate administration proceeding is generally required before certain assets can be sold, transferred, or otherwise managed. If the estate consists entirely of property that passes automatically outside of the estate, court involvement may not be necessary.

Early in the process we review the deceased person’s assets to determine whether they include probate property. Probate property generally consists of assets that remain in the deceased person’s name and cannot usually be sold, transferred, or managed until someone has been legally authorized to act on behalf of the estate. If the estate includes probate property, a formal estate administration proceeding is often necessary.

Families frequently ask questions such as:

• Can we sell the house? If a home, condominium, cooperative apartment, or other real estate was owned solely by the deceased person, it generally cannot be sold, refinanced, or transferred until an executor or administrator has been appointed. Many Long Island families also own vacation homes, rental properties, or real estate located in other parts of New York or in another state, each of which may require additional legal steps.
• Can we access the bank accounts? Many financial accounts pass directly to a named beneficiary through a beneficiary designation, Payable-on-Death (POD) designation, or Transfer-on-Death (TOD) registration. If no beneficiary has been designated, banks and brokerage firms generally will not release the funds until an executor or administrator has been appointed.
• Can we continue operating the family business? If the deceased person owned a business, someone may need legal authority to sign contracts, pay employees, manage day-to-day operations, or arrange for the business to be transferred or sold.
• Can family members simply divide the personal belongings? Jewelry, artwork, antiques, vehicles, collectibles, and other valuable personal property owned solely by the deceased person generally become part of the probate estate. Those items ordinarily should not be distributed until the estate has been properly administered.
• Can we collect money that was owed to our loved one? If someone owed the deceased person money, the estate may have the legal right to recover those funds. Once collected, the money becomes part of the estate and is distributed along with the estate’s other assets.

However, not every assets is probate property. Life insurance policies, retirement accounts, and many bank or investment accounts with valid beneficiary designations generally pass directly to the named beneficiary. Likewise, real estate owned jointly with a right of survivorship usually passes automatically to the surviving owner. If an estate consists entirely of this type of property, or contains only minimal probate assets, formal estate administration may not be necessary.

Determining whether court involvement is required can sometimes be complicated than it first appears. An experienced Long Island estate administration lawyer can review how property was owned, explain whether a Surrogate’s Court proceeding is necessary, identify potential issues before they become problems, and help families choose the most appropriate path forward.

What Problems Can Come up During Estate Administration?

Even when an estate appears relatively straightforward, unexpected issues can arise that delay the administration process or increase its complexity. Some obstacles involve legal questions, while others stem from family disagreements, financial issues, or the nature of the estate itself. Identifying these issues early can often help avoid unnecessary delays and reduce the likelihood of costly litigation.

Common obstacles include:

• Family disagreements. The death of a loved one can bring longstanding family tensions to the surface. Beneficiaries may disagree about how estate assets should be distributed, question whether someone exercised undue influence over the deceased person, or challenge the validity of a will or trust. When those disputes cannot be resolved, the Surrogate’s Court may need to decide the issues. For example, in Matter of Sparozic, 2024 NY Slip Op 50917(U), family members challenged the validity of a will and trust amendment, arguing that the deceased lacked the mental capacity to execute those documents. Litigation of this nature can significantly delay the administration of an estate.
• Missing or unclear documents. Estate administration often becomes more complicated when important documents cannot be located. If the deceased person did not leave a valid will, New York’s laws of intestate succession determine who inherits the estate. See EPTL § 4-1.1. Even when a will exists, unclear language or conflicting provisions may require the Surrogate’s Court to determine the deceased person’s intent. Questions may also arise regarding deeds, beneficiary designations, financial records, business records, or other documents needed to identify estate assets and determine ownership.
• Valuing estate assets. Some estate assets are easy to value, while others are not. Real estate, closely held businesses, artwork, antiques, collectibles, and other unique property often require professional appraisals before they can be sold or distributed. In some cases, an estate may have substantial value but very little cash available to pay debts, taxes, or administration expenses, making it necessary to sell estate property.
• Creditor claims and tax obligations. Before beneficiaries or heirs receive distributions, the executor or administrator generally must identify creditors, pay valid debts, and satisfy applicable tax obligations. Depending on the estate, this may include filing the deceased person’s final income tax return, preparing estate tax returns when required, and resolving outstanding financial obligations.
• Mistakes by the executor or administrator. Executors and administrators have a fiduciary duty to act in the best interests of the estate and the individuals entitled to inherit from it. Failing to protect estate assets, maintain accurate financial records, comply with court requirements, or placing personal interests ahead of those of the estate can result in objections, removal, or personal liability.
• Digital assets. Many people own valuable digital property that can easily be overlooked after death. Cryptocurrency, online bank and investment accounts, email accounts, cloud storage, websites, social media accounts, and other digital assets may be difficult to identify or access if passwords, account information, or estate planning instructions were not left behind.
• Questions about estate assets. Estate administration often includes determining whether certain property belongs to the estate. Family members may disagree about transfers made before death, particularly when someone acting under a power of attorney transferred money or property shortly before the deceased person died. In Matter of Ferrara, 7 N.Y.3d 244 (2006), the New York Court of Appeals held that an agent acting under a power of attorney must act in the principal’s best interests and cannot use that authority for personal benefit unless the law clearly permits it. When questions arise regarding pre-death transfers, the estate may need to seek the return of assets through proceedings in the Surrogate’s Court.

Every estate presents its own unique circumstances, and the appropriate course of action depends on the facts of the particular case. An experienced Long Island estate administration lawyer can identify potential issues early, explain the available legal options, and help executors, administrators, beneficiaries, and heirs address obstacles before they unnecessarily delay the estate administration process.

How Long Does Estate Administration Take?

There is no standard timetable for settling an estate. Some estate administrations progress smoothly, while others take considerably longer to complete. The timeline is often shaped by the legal requirements that must be satisfied, the nature of the estate’s assets, and the issues that arise during the administration process. Some of the factors that commonly affect the length of the estate administration process include:

• Appointment of an administrator. The administration process cannot move forward until the Surrogate’s Court appoints an administrator and issues Letters of Administration. If questions arise regarding who should serve or someone objects to the appointment, additional court proceedings may be necessary before the estate can be administered.
• The seven-month creditor period. New York law gives creditors time to present valid claims against the estate. Because of this, administrators are often advised to wait at least seven months before making final distributions in order to help protect themselves from personal liability if a valid creditor later comes forward. See SCPA § 1802; EPTL § 11-1.5.
• Real estate. If the estate includes one or more homes, rental properties, commercial buildings, or vacant land, additional time may be needed to maintain, appraise, market, and sell the property. Delays may also occur if title issues, repairs, or disagreements regarding the sale must be resolved.
• Business interests. Estates that include closely held businesses, professional practices, or other business interests often require additional work. The administrator may need to keep the business operating, obtain a valuation, negotiate a sale, or transfer ownership before the estate can be closed.
• Creditor claims and taxes. Before assets can be distributed, valid debts generally must be paid and any required tax returns completed. Disputed creditor claims, audits, or complex tax issues can significantly extend the administration process.
• Family disagreements or litigation. Disputes regarding inheritance rights, ownership of property, the actions of the administrator, or other estate-related issues may require proceedings before the Surrogate’s Court. Resolving those disputes often adds substantial time to the administration process.
• Locating estate assets. Additional bank accounts, investment accounts, business interests, insurance policies, or other property are sometimes discovered after the administration process has already begun. Identifying and recovering those assets may delay the final settlement of the estate.
• Unique or difficult-to-value assets. Artwork, antiques, collectibles, closely held businesses, cryptocurrency, and other specialized assets often require professional appraisals or additional investigation before they can be sold or distributed.

Because every estate presents different legal and financial issues, it is often difficult to predict exactly how long the administration process will take at the outset. An experienced estate administration attorney on Long Island can evaluate the circumstances of the estate, identify potential issues that may affect the anticipated timeline, and help executors, administrators, beneficiaries, and heirs understand what to expect throughout the administration process.

Frequently Asked Questions

Contact Stephen Bilkis & Associates

Estate administration often requires making important legal and financial decisions that can affect everyone involved in the estate. Whether questions arise about collecting assets, paying creditors, selling real estate, resolving family disagreements, or making distributions, addressing those issues promptly can help prevent unnecessary delays and protect the interests of the estate and its beneficiaries.

At Stephen Bilkis & Associates, we represent executors, administrators, beneficiaries, and heirs in estate administration matters throughout the New York metropolitan area. Stephen Bilkis, the founder of Stephen Bilkis & Associates, has been recognized by Super Lawyers, received an Avvo Excellent rating, and earned recognition from Justia, Expertise.com, and TopLawyer.com. Our experienced estate administration attorneys serving Long Island provide practical guidance throughout the administration process, explain each client’s rights and responsibilities, and work to resolve issues as efficiently as possible.If you have questions about the estate administration process, contact us at 800.696.9529 to schedule a free, no-obligation consultation. We serve clients throughout Manhattan, the Bronx, Queens, Staten Island, Nassau County, Suffolk County, Westchester County, and surrounding communities across the New York metropolitan area.