Being named executor, administrator, or successor trustee often comes with immediate responsibilities — from locating financial records and handling court filings to managing debts, taxes, and distributions to beneficiaries. Some estates require probate proceedings, while others are administered through trusts or non-probate transfers. At Merlino & Gonzalez, we represent executors, administrators, and trustees throughout New York and New Jersey, helping you meet your legal obligations, protect the interests of every beneficiary, and keep the administration process on track.
Why Work With Merlino & Gonzalez?
Serving as an executor or trustee involves significant legal and financial responsibilities.
Clients turn to our firm because:
- We represent executors, administrators, trustees, beneficiaries, and families in estate and trust matters
- We handle estate administration and probate matters in both New York and New Jersey
- We have decades of combined experience in estate and trust administration
- We assist with Surrogate’s Court filings, trust settlements, and estate distributions
- We help clients address tax issues, creditor claims, and beneficiary disputes
- We provide direct communication and practical guidance throughout the administration process
With offices in Staten Island and East Brunswick, we serve clients throughout New York and New Jersey in estate and trust administration matters.
Quick Answers About Estate Administration
- Does every estate go through probate? No. Some assets pass outside probate through trusts, joint ownership, or beneficiary designations.
- What does an executor do? Executors and administrators gather assets, pay debts and taxes, and distribute property to beneficiaries.
- How long does estate administration take? Many estates are settled within 9 to 18 months, though disputes and tax issues can extend the process.
- What assets avoid probate? Living trusts, retirement accounts, life insurance policies, and jointly owned property may avoid probate.
- When should you contact an estate administration attorney? Legal guidance is often helpful as soon as you are appointed executor, administrator, or trustee.
Does Every Estate Go Through Probate?
No. Probate is generally required only when someone dies owning assets solely in their own name without a joint owner or designated beneficiary. Assets held in trusts or accounts with beneficiary designations often transfer outside probate.
Non-probate assets may include:
- Jointly owned property with survivorship rights
- Retirement accounts with named beneficiaries
- Life insurance policies
- Payable-on-death bank accounts
- Assets held in a living trust
When probate is required, executors must complete court procedures before estate assets can be distributed to beneficiaries.
What Does an Executor or Administrator Do?
Executors and administrators are responsible for managing the estate during administration. Depending on the estate, this can involve court filings, financial management, tax issues, and communication with beneficiaries.
Responsibilities may include:
- Identifying and securing estate assets
- Reviewing financial records and estate documents
- Paying debts, taxes, and ongoing expenses
- Managing property during administration
- Filing required tax returns
- Distributing assets to beneficiaries
Executors and administrators can face personal liability if estate funds are distributed before debts, taxes, or creditor claims are resolved properly. We help clients avoid costly mistakes and keep the administration process organized.
How Long Does Estate Administration Take?
Many estate administration matters in New York are completed within approximately 9 to 18 months. Simpler estates may move more quickly, while disputes, tax issues, business interests, or contested wills can delay the process.
Administration timelines often depend on:
- The size and complexity of the estate
- Whether probate litigation is involved
- Real estate or business ownership issues
- Tax filings and creditor claims
- Delays in obtaining financial information or appraisals
We work closely with executors and trustees to help move estate administration forward efficiently.
What Costs Are Involved in Estate Administration?
Estate administration costs vary depending on the nature of the estate and whether probate or litigation is involved. Costs may include court filing fees, attorney fees, appraisal costs, accounting fees, and executor compensation.
Under New York law, executors are entitled to statutory commissions based on the value of estate assets administered. New Jersey law also permits compensation for executors and administrators.
We also help clients address creditor claims, taxes, trust obligations, and the timing of beneficiary distributions.
How Does Trust Administration Work?
When assets are held in a living trust, the successor trustee is responsible for managing and distributing trust property according to the terms of the trust. Trust administration may occur without formal probate proceedings, but trustees still carry important legal and financial responsibilities.
Trust administration often involves:
- Identifying and valuing trust assets
- Reviewing financial and tax records
- Paying debts and ongoing expenses
- Managing distributions to beneficiaries
- Filing necessary tax documents
Distributing trust assets too early can expose a trustee to personal liability if debts or taxes remain unpaid.
What Happens if an Estate or Trust Is Contested?
Disputes involving wills, trusts, or estate administration can delay distributions and increase administration costs. Common estate disputes involve allegations of undue influence, questions about mental capacity, disagreements between beneficiaries, or concerns about how an executor or trustee is handling the estate.
We represent executors, trustees, beneficiaries, and family members in contested estate and trust matters throughout New York and New Jersey.
Guidance for Executors, Trustees, & Families
At Merlino & Gonzalez, we help executors, administrators, and trustees throughout New York and New Jersey handle estate and trust administration matters. Whether probate is required or assets pass through a trust, we are prepared to help you manage the process and protect the estate’s interests. Contact our office to schedule a consultation.
Frequently Asked Questions
Can probate be avoided in New York or New Jersey?
Yes. Assets held in trusts, jointly owned property, and accounts with beneficiary designations may pass outside probate.
What happens if someone dies without a will?
If there is no will, state intestacy laws determine who inherits the estate, and the court appoints an administrator.
Can someone who lives out of state serve as executor?
In some situations, yes. However, New York has rules that may limit whether certain out-of-state individuals can serve.
Does an executor get reimbursed for expenses?
Executors are generally entitled to reimbursement for reasonable out-of-pocket expenses related to estate administration.