Probate is a legal process carried out to check the validity of a deceased person’s will. The ultimate aim of probate is for the decedent’s estate to be lawfully disbursed.
The probate process in NY is most often complex, expensive and lengthy, taking even more than a year before the inheritors can get their share of the estate. If there are will contests, litigation and family disputes during probate, it potentially becomes even more complicated and lengthy. Probate is carried out in the county where the deceased lived and owned property. There are several legal formalities involved in the process and it is important that mistakes are avoided. If you need help in probating the estate of a loved one, kindly call our NY based law office to consult with a Probate Attorney 10021.
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 NY may be appointed as the executor of a New York estate. We help to educate them about the NY 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.
Key steps involved with the probate process
In simple terms, probate has to do with validating the will and then disbursing the estate according to the will (if valid) or according to intestate laws of succession (when there is no valid will). In between, there are core aspects that make up the probate process:
- A person must be appointed as the decedent’s personal representative who becomes responsible for administering and disbursing the estate. He can be named in the will as the executor, or otherwise be appointed by the probate court as the estate administrator.
- The personal representative is responsible for initiating probate by filing a petition to the probate court.
- The court schedules a hearing in which the family members and relatives of the decedent would be present.
- The decedent’s assets are identified and valuated
- Probate fees, estate tax and debts owed by the decedent as well as funeral expenses are paid.
- The estate is then distributed to the named beneficiaries or heirs-at-law for an intestate estate.
Note: A person is said to have died intestate when they died without leaving a valid Last Will.
Areas where your probate attorney 10021 will assist you
- Your probate attorney will help in the proper filing of the petition to avoid court rejection.
- Actively support the personal representative in the management of the estate in terms of assessment of the assets, liquidation of assets and investing when necessary, dealing with creditors, settling estate debts and taxes, preparing tax return forms and other paperwork.
- Offer legal representation during will contest and estate litigation proceedings.
- Represents the personal representative in dealing with the county Surrogate’s court.
- Educate the client and family members of the deceased about the probate process, thus preventing misunderstandings and unnecessary conflicts.
Will Contest
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.
Probate Attorney 10021, New York
Our law office provides esteemed services to clients in and out of New York wishing to probate an estate in NY. We work directly with the Surrogate’s Court, thus acting as an intermediary between the court and the personal representative. Contact us to speak with a probate attorney.
