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Probate Law

Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court (surrogate court) decides the validity of a testator's will. A probate interprets the instructions of the deceased, decides the executor as the personal representative of the estate, and adjudicates the interests of heirs and other parties who may have claims against the estate.

• Creditors need to be notified and legal notices published.
• Executors of the Will need to be guided in how and when to distribute assets and how to take creditors' rights into account.
• A Petition to appoint a personal representative may need to be filed and Letters of Administration obtained.
• Real estate or other property may need to be sold to effect correct distribution of assets pursuant to the will or merely to pay debts.
• Estate taxes, gift taxes or inheritance taxes must be considered if the estate exceeds certain thresholds.
• Costs of the administration including ordinary taxation such as income tax on interest and property taxation will be deducted from assets in the estate before distribution by the executors of the will.
• Other assets may simply need to be transferred from the deceased to his or her beneficiaries.

Probate law can often be complicated and require personalized attention on the part of your attorney. Trump & Boutcher can help you navigate the complicated legal processes of the administering of an estate after death.

Trump & Boutcher, LLP has handled many probate cases. Our clients trust us for our experience and dedication. Please contact us if you have questions about family law.

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Trump & Boutcher
46 Route 25A, Suite # 8
East Setauket, NY 11733