The probate Brooklyn lawyer assists the people of Brooklyn in settling the estate affairs of their deceased loved ones. When a person dies, his personal and estate property has to be accounted for and handed over to someone else (the beneficiaries). This is basically what probate entails. The probate lawyer is a lawyer having years of experience practicing probate law, and therefore has garnered professional skill in providing solutions in probate issues as well as easing up the process for the estate administrator or executor.
The estate executor or administrator is that person appointed by a testator or the law court (as the case may be) to handle their estate matters at the their (the testator) death and carry out the instructions written on the will. To do this, the executor must first file a petition to the law court in the same county where the deceased testator lived or owned property, according to the laws of Brooklyn. In the absence of a will, probate will still hold but here, the court will become responsible for appointing an administrator who will act according to the state laws.
Probate itself is a legal process that deals with the assets and debts left behind by a deceased, and how these debts will be paid and the assets disposed. For estates worth less than $30,000, probate will not be conducted. The word probate can also be used to refer to the court in which this legal process is carried out, as well as the act of disposing/distributing the assets. The probate process in Brooklyn typically includes the following aspects of estate administration:
- Validating the will, that is if there really is a written last will.
- Choosing an estate representative (executor or administrator).
- Valuating the total assets within and outside the estate.
- Payment of estate debts, taxes and expenses.
- Identifying all the beneficiaries and relatives of the deceased.
- Distributing the left over assets to the beneficiaries according to the will or the intestacy laws of Brooklyn, after all estate expenses and bills have been paid.
Probate officially starts when the executor files a petition to the Surrogate’s court in the county, along with the death certificate of the deceased. The process officially ends when the estate has been closed.
Downsides and upsides of probate
The major downsides of probate are that it consumes a lot of time and money, and for this reason, a lot of people try to avoid it. In some places, it is customary to add a 30 to 90 day waiting period as part of probate. Also, a lot of time is wasted when a beneficiary or disgruntled party issues a contest of the will or of the court’s decision concerning the asset distribution. In addition to this, the court, the probate attorney, assessors, accountants and other professionals who appraises the estate or gets involved in one way or the other will all have to be paid for their services. Note that all these payments will be from the estate’s checking account.
However, there are also benefits of having a probate process. For example, in some certain jurisdictions, it is mandatory for probate to be carried out for some estates there. This is one of the reasons why you should also speak with the probate attorney Brooklyn in order to ascertain if the estate in question falls within that jurisdiction.
Also, probate gives a level of certainty and assurance to the relatives and beneficiaries of the deceased. Due to the complex formalities associated with probate, if there was ever a question as to the validity of a will or about the worth of any estate property, such questions will be answered with clarity.
Seek legal help
Probate, estate planning and intestacy laws are all governed by the state. These laws vary from state to state and hence, the probate process of Brooklyn is not expected to be exactly the same as that in other states. Also, due to the type of assets and ownership which an estate contains, the size, and as well the number of potential heirs, probating a will may become extremely complicated and may take forever. Also, beneficiaries may challenge the authority or decisions of the executor. For all these reasons, it is in your best interests to quickly contact and hire the probate Brooklyn lawyer.