Long Island Estate Planning Attorney Seth Schlessel Addresses Estate Duration Challenges After Death
Long Island estate planning attorney Seth Schlessel (https://www.schlessellaw.com/how-long-can-you-keep-an-estate-open-after-death/) offers key insights into how long an estate may remain open after someone’s passing. The probate process in New York involves several stages and can last from a few months to multiple years, depending on legal, financial, and administrative circumstances. While some expect a swift resolution, the actual duration of probate often surprises those involved.
According to Seth Schlessel, a Long Island estate planning attorney at Schlessel Law, PLLC, managing probate timelines requires thorough attention to legal obligations. “While some estates can be resolved within a year, others may remain open for several years due to legal, financial, or administrative factors,” he notes. The process begins with filing petitions and appointing an executor and extends through settling debts, notifying creditors, distributing assets, and obtaining a final discharge from the court.
The Long Island estate planning attorney explains that an estate remains legally open until the Surrogate’s Court approves the executor’s final accounting and grants a formal discharge. Even after distributing assets, failure to close the estate properly may expose the executor to ongoing liability. Common reasons for delays include creditor claims, contested wills, tax issues, and difficulty locating beneficiaries.
New York law provides a seven-month window after issuing letters testamentary for creditors to submit claims. Executors are generally advised not to distribute estate assets before this period ends, as doing so could leave them personally liable for unresolved debts. Seth Schlessel highlights that avoiding premature distribution is just one of many steps that protect both the executor and beneficiaries.
Estate size also affects the timeframe. Large estates with multiple properties or high-value assets may take longer to inventory and evaluate. Disputes between heirs or litigation concerning the will can add months or years to the process. The probate court’s schedule, especially in busy areas like Long Island, also plays a role in how quickly cases move forward.
Schlessel Law, PLLC helps clients navigate these delays by providing legal guidance throughout probate. Seth Schlessel emphasizes that effective administration depends on organization, communication, and knowing when to seek outside assistance. Executors benefit from clear records, regular updates to beneficiaries, and timely responses to court deadlines.
Other misconceptions contribute to confusion during estate settlement. Many believe that asset distribution happens soon after death, but in reality, executors must first resolve outstanding taxes and administrative expenses. Moreover, court approval is necessary to officially close the estate. Until this step is completed, the executor’s responsibilities continue.
Trusts and ongoing legal matters can further extend the administration period. For example, testamentary trusts established for minors or individuals with disabilities may remain active long after probate concludes. Similarly, estates involved in wrongful death claims or tax audits may require extended timeframes before resolution.
Failing to close an estate on time may have financial, legal, and emotional consequences. Seth Schlessel explains that prolonged estate management can reduce asset value through ongoing expenses or depreciation. In some cases, family members may initiate legal action to compel action or request a formal accounting. Disputes among heirs often arise when there are delays or insufficient communication from the executor.
To manage the process more effectively, Seth Schlessel recommends maintaining detailed documentation, using accounting tools to track transactions, and communicating regularly with all stakeholders. Executors are encouraged to consult attorneys and tax professionals when handling complex assets or filing estate tax returns, which are due within nine months of death for qualifying estates.
Each estate is unique, and delays are sometimes unavoidable. However, understanding common pitfalls and maintaining a proactive approach can make the process more efficient. Executors who act diligently and stay informed about their obligations reduce the risk of complications.
With support from a Long Island estate planning attorney like Seth Schlessel, the administration of an estate becomes a more manageable process. Schlessel Law, PLLC continues to serve families by guiding them through the probate system, resolving legal issues, and helping bring estates to a timely and lawful conclusion.
Proper estate administration not only upholds legal standards but also minimizes conflict and protects the estate’s value. Timely closure helps families achieve peace of mind during a period of transition and loss.
About Schlessel Law, PLLC
Schlessel Law, PLLC serves individuals and families across Long Island with estate planning and probate legal services. Led by attorney Seth Schlessel, the firm supports executors and beneficiaries through every step of estate administration. From initial filings to court-approved closure, the firm focuses on delivering reliable legal service tailored to each estate’s circumstances.
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