Probate & Administration

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Probate & Administration 2017-01-15T03:37:55+00:00


Whether you are seeking to avoid probate, have been appointed an executor of an estate, or are in any other way involved with probate, you can find assured counsel with Esther Schwartz Zelmanovitz, PLLC.

Probate is the legal process started in order to have a will accepted by the court, and to have an executor appointed to handle the decedent’s estate in accordance with his or her Last Will and Testament. If a decedent dies without a Will, an administration proceeding may take place. If there is no Will stating the wishes of the decedent, New York’s intestacy laws would determine who would inherit the decedent’s assets and who may act as fiduciary of the estate.

Call (516) 487-5400 or schedule your consultation online.


There are a number of strategies that allow a decedent’s property to pass to another person without going through the probate process.

These probate avoidance strategies include:

  • Joint tenancy
  • Beneficiary designations
  • Revocable living trusts and
  • Other estate planning techniques

For example, a joint bank account or retirement assets with named beneficiaries or an account titled “in trust for” or “payable on death to” pass to the surviving joint tenant or beneficiary automatically by law. In New York, if there are assets held in the decedent’s name alone, a probate or administration proceeding may need to be filed with Surrogate’s Court in order to collect those assets.

If you are named the Executor or Executrix in a will, or appointed the Administrator or Administratrix when there is no will, the responsibilities may appear daunting. We can help you at each step and provide complete services.

Our probate lawyers can help you:

  • Appoint a personal representative
  • Marshal and protect estate assets
  • Prepare an inventory of all estate assets
  • Open estate accounts
  • Pay estate taxes, debts, and expenses
  • Make distributions to beneficiaries
  • Prepare accountings or tax returns, and
  • Any other necessary work

Our office can handle your estate administration in Surrogate’s Courts throughout Long Island and the Five Boroughs of New York City. With our knowledge and expertise in Surrogate’s Court matters, we will provide efficient representation to guide our clients through the process.

If you have a probate matter in Nassau County, Suffolk County, Queens County, Kings County, Bronx County, New York County or Richmond County you should contact our firm.