It is sometimes not necessary to hire a probate attorney especially when the estate is simple and small, the executor is experienced, and the family members are close. If not, there is a high probability that problems may arise such as will misunderstandings, contests, litigation, false accusations, etc. There are also lots of paperwork and tax return forms to fill. All these are better handled by a professional.
How long does probate normally take?
- There is no simplified probate process in New York. On average, probate takes about 7-9 months. It sometimes takes more than a year depending on the complexity of the estate. Besides, if the decedent owned assets in more than one state in US, then the probate process might take up longer time. Perhaps, a beneficiary feels he has been cheated on the estate plan, he could petition the probate court further to determine the authenticity of the document.
A will may be contested by a dissatisfied party during the probate proceeding. It is legal to contest a will if:
- There is evidence of a will created later than the one presented in court.
- It is perceived that there was coercion or other forms of undue influence while signing the will.
- There is perception of fraud.
- The testator is believed to be not of testamentary capacity while signing the will.
- There is evidence that the will or a signature has been forged.
When does intestacy play out?
Intestate occur when a decedent does not leave behind a valid will. As such, the decedent possession is distributed through the intestate law of New York. Most times, the estate is passed to the closest relative. Intestacy can be avoided with a good estate plan. Rather than have your estate shared the way you wouldn’t like, prepare a proper estate plan and a probate attorney would sure it is properly implemented.
- The executor or estate representative would usually act in manner that would have been pleasing to the deceased. Following the desires and wishes of the deceased as stated in the last will.
- Part of estate may be sold or used to raise funds to pay off debts, creditors, taxes and expenses incurred during probate. Thus, the probate attorney or executor proceeds to sharing the remaining estate.
- The date of death value of the deceased assets must be obtained through either bank statements or appraisal and submitted to the court. Most state just like the New York require the executor of the estate to itemize all the decedent’s assets and properties along with the date of death values.
- The probate process could be long or short depending on the complexity of the cases surrounding the will.
- A probate attorney is vital to quick settlement of the probate process.
- Proper estate plan would typically quicken probate process. Estate document such as living trust, power of attorney could be used with a last will.
We offer esteemed legal assistance in probate and probate avoidance through proper estate planning
Over the years, we have successfully established ourselves as a leading law firm when it comes to probate and estate planning. It is our aim to assist our clients in navigating the complexities of probate, ensuring that the typically traumatic process goes on with much fewer complications and concludes as quickly as possible.
We understand that some persons living outside New York may be appointed as the executor of a New York estate. We help to educate them about the New York probate system and ensure they carry out their duties efficiently.
Estate planning is another area in which we are specialized. We carry out proper estate planning for our clients such that makes probating their estate much more simplified. This we do via the creation of trusts, gifting, tax planning, etc.
Contact a probate attorney closest to you today.
If you stay in New York, you can contact the closest probate attorney to you. Probate processes can be swift and easy depending on how the cases are handled. With a professional probate attorney, the toughest of probates cases can be easily resolved. Contact a probate attorney closest to you today.