Probate is the legal process for validating a will in court. The probate process of New York is often complex and can drag on for months which may even run into years, before the estate is inherited by the beneficiaries or heirs. Probate is done in a Surrogate’s court in the county of the deceased after their death. To begin probate, certain documents are required to be filed to the Surrogate’s Court. These include a formal petition, the last Will, witness affidavits, and a public notice of all concerned parties. Right from this beginning, hiring a probate attorney near you (10037) can mean the difference between a smooth probate and a traumatic one. Contact the probate attorney 10037 for the best probate experience.
What activities are carried out during probate?
It is the executor named in the will who is responsible for submitting the will to court. If this is you, then you need to know that you have fiduciary responsibilities to the estate and family of the deceased. Once you have been accepted as the legal personal representative of the deceased, then you must carry out the following sequence of activities:
- Notify all concerned parties that probate has begun. Concerned parties include the family, relatives and creditors of the deceased.
- Identify all the assets left by the deceased and estimate their value.
- Open a checking account with funds from the estate.
- Pay funeral bills, debts, federal and/state estate taxes from the account you opened.
- Keep an accurate accounting record of all your expenditure.
- Submit the accounting record to the court.
- When the accounting record has been accepted by the court, then you can proceed to disburse what’s left of the estate to the inheritors as the will specifies.
Estate litigation and Will contest
Disgruntled parties may issue out an Estate Litigation such as a “Will Contest.” A will contest is the legal process of objecting to a will when a person is of the opinion that there is foul play with the will. A court proceeding will be carried out to determine if their claims are legitimate. A great number of probate processes do not involve Estate Litigation but when it happens, in-depth involvement from a probate lawyer will be required by the concerned parties. The probate attorney 10037 is efficient in handling Will Contests and all forms of estate litigation, and will ensure that the clients’ rights are enforced.
In a will contest, SCPA section 1404 allows the disgruntled party to examine tall necessary documents affiliated with the preparation of the Last Will, taking the testimony of the attorney who created the will, and as well the testimonies of the witnesses who signed the will. This examination may be done before the formal objection is filed.
The Significance of Wills
If an individual kicks the bucket without preparing a will, or if the individual dies “interstate,” state law will have control regarding how the assets or estate of the decedent will be shared. The court will select an administrator whose duty will be to supervise the estate of the deceased while the probate process is on.
The administrator who will be selected by the court may or may not be an acquaintance. If you prepare a will before your death, you can select who you wish to be the executor of your estate.
The Administration of an Estate
The administration of an estate hinge on if the deceased prepared a will before his or her demise or if the deceased died intestate. In any of the stated case, the estate will undergo administration via a process which is regarded as probate.
Selecting a Probate Attorney
In choosing a probate attorney, ensure you go for one that can help you with that probate case of yours. There are several quack and inexperienced probate lawyers out there, so be sure that you hire an experienced and compassionate probate lawyer.
Also, because probate laws vary in each state, ensure you go for a probate attorney that is well accustomed to the probate laws of your state. If you reside in New York, go for a probate attorney that accustomed to the probate laws in New York.
Contact the probate attorney 10037 today.