Probate Lawyer: The Basic Steps in the Probate Process

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.

1. 1. File a petition with the court and let every beneficiary know.

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.

2. 2. Let all creditors know about the estate and make note of all inventory included in the estate.

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.

3. 3. Taxes, debts, and all funeral and estate costs will be paid from the estate.

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.

4. 4. Property is transferred based on will or laws if there is no will.

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.