Probate Lawyer: The Basic Steps in the Probate Process
If you have been searching for a probate lawyer, you are probably facing the difficulty of trying to get an estate settled. Probate is the process in which an estate is settled, typically in a courtroom when the validity of a will may have been questioned.
Probate can be a long and drawn-out process that is time consuming and sometimes expensive. Fortunately, with the help of our probate lawyer in NYC, you can get through the probate process easily. Call Morgan Legal Group PC today to learn more or to receive a consultation.
Four Steps Every Probate Lawyer Wants You to Know
Below, we will discuss the four steps that every probate lawyer wants you to know about the process. If you have any questions about the process, never hesitate to inquire with us.
- File a petition with the court and let every beneficiary know.
- Let all creditors know about the estate and make note of all inventory included in the estate.
- Taxes, debts, and all funeral and estate costs will be paid from the estate.
- Property is transferred based on will or laws if there is no will.
The first step in the process is to file a petition. No proceedings will begin until this step is completed. In the petition, you will need to choose whether there is no will and you need to appoint an administrator to the will or there is a will and an executor needs to be appointed.
Once the petition is filed, a written notice must be given to all creditors letting them know about the estate and give them the opportunity to make claims to any assets within the estate.
All inventory within the estate must be accounted for and inventoried. This means that all bank accounts, stocks, bonds, cars, and all other items need to be noted.
Prior to any ruling on the estate, all creditor’s claims that are accurate, debts, funeral expenses, and estate costs will be deducted from the estate.
If there is not enough cash, assets may be sold to pay off these items before the estate is released from probate.
This is the final stage in probate and is when the property is transferred based on what is written in the will. If there is no will, the items will be transferred based on laws in NYC.
Hire a Qualified Probate Lawyer Today
Having a properly drafted estate plan can avoid probate court altogether; however, if your loved one’s estate plan was not drafted correctly or in depth, you may need to head to probate.
Our qualified and experienced probate lawyer at Morgan Legal Group PC is ready to assist you and provide you with the guidance you need.
If you are looking to be represented in probate court or you would like to schedule a consultation, call our office today at 212-561-4299.