What is Probate?
When a person dies leaving estate, the assets must be passed on to others. This must be done through a legal process. If the decedent left a last will, then the will must be taken to court for it to be validated before the instructions on the will can be carried out. This process is known as probate. Probate by definition is the court-supervised process by which the will of a deceased is validated and their estate disposed.
Probate must be carried out in a probate court in the county where the decedent resided and/or owned property. Probate in New York is often lengthy, complex and expensive since NYC has not adopted the Uniform Probate Code (UPC). The executor has a lot of responsibilities and paperwork, and all these are guided by the probate laws of New York. Any slight mistake can be costly on the long run and for this reason, it is important to have a legal professional working with the executor and family of the deceased. Since probate is carried out in the same county where the deceased resided, then you would need a probate attorney near you who is well versed in the probate system in that county.
Probate attorney NYC
A probate attorney NYC is a lawyer well-versed in the probate laws of New York and offers assistance to personal representatives and families of a deceased in navigating the complexities of probate. Hiring a probate attorney is your best bet in guaranteeing an easier, shorter and less expensive probate.
How a probate attorney assists you
Losing a loved one is never easy. This is a tough time especially given by the fact that you have to deal with their assets. If you are the executor, you are faced with a lot of responsibilities like filing a petition to the court for probate to commence, paying estate debts, expenses, tax, and disbursement of the estate. It is important hiring a probate attorney NYC to guide your through each step so you do not run into tricky situations legally and financially. The legal system of New York may also be complex to you being that you are not a legal practitioner, but a probate attorney will enlighten you and simplify every legal jargon you come across. They will help in preparing all paperwork, petitions, tax return forms, and assist with property disbursement to beneficiaries. And the good thing is their fees are not paid from your purse but from the estate’s.
Top reasons you need to hire a probate attorney NYC
1. Preventing family conflicts
As it is common to see family members squabbling for assets left by their loved one especially when they do not understand the probate process, a probate lawyer will help reduce or even eliminate this issue by explaining the whole process, thus avoiding unfair accusations.
2. Saves time
Probate in New York can take months, if not years to complete depending on the nature of the estate. There are several stages and duties involved as an executor, and the probate attorney can take some burden off your shoulders by taking care of the legal aspects. If you work alone, you would require more time to first understand the whole process before taking action. But a lawyer who has been doing this for years knows exactly what to do at each given point.
3. Resolves litigation
During probate, a will may be “contested” by a disgruntled party if they perceive foul play or ambiguity. This can lead to estate litigation if allowed to escalate. But a probate attorney working with the family will help resolve such disputes before becoming full-fledged court cases which take a lot of time to settle.
4. Dealing with debts and taxes
One primary duty of the executor is payment of estate debts, funeral expenses and estate tax before assets are disbursed. All these are done from the estate purse and must be done accurately and transparently with proper record. Your probate attorney will oversee this process to ensure everything is done accordingly.
We are here to help
Dealing with a loved one’s death is never easy. Our probate attorneys understand this and that is why we are reputable for treating our clients with empathy while offering both passive and active assistance while probating the estate. Let us take the burden off your shoulders. Contact us today to speak with a probate attorney NYC.