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Elder Law in NYC
elder law

Elder Law in NYC 2024

Elder Law in NYC 2024: Navigating Legal Challenges with Morgan Legal Group As 2024 approaches, navigating the complexities of elder law in New York City

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Probate in New York
Probate

Probate in New York 2024

Comprehensive Guide to Probate in New York 2024 As we step into 2024, the probate process in New York City continues to be a pivotal

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Estate Planning
Estate Planning

Estate Planning in New York 2024

Estate Planning in New York 2024: A Comprehensive Guide by Morgan Legal Group The landscape of estate planning in New York is ever-evolving, with 2024

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Article 81 Guardianship New York
Estate Planning

Article 81 Guardianship New York 2024

Article 81 Guardianship in New York Article 81 guardianship in New York plays a crucial role in safeguarding the interests of incapacitated individuals. As we

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Is trust better than inheritance?
Trusts

Is trust better than inheritance?

Is Trust Better Than Inheritance in New York? When planning to transfer assets to future generations in New York, individuals often decide between establishing a

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Can I do my own probate?
Estate Planning

Can I do my probate?

Can I Handle Probate on My Own in New York? Probate is the legal process of validating a will and administering the estate of a

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An Overview Of Elder Law In 2024
Estate Planning Law

An Overview Of Elder Law In 2024

An Overview of Elder Law in New York 2024 Elder Law is a specialized legal field that addresses the unique needs and challenges faced by

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How do I organize my estate documents?
Estate Planning

How do I organize my estate documents?

Organizing Your Estate Documents in New York Organizing your estate documents is a crucial aspect of responsible financial planning and ensuring that your wishes are

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Who decides if probate is needed?
Estate Planning Law

Who decides if probate is needed?

Who Decides If Probate Is Needed in New York? The probate process plays a crucial role in estate administration, but not all estates require it.

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LGBTQ Divorce in New York
Family law

LGBTQ Divorce in New York 2024

LGBTQ Divorce in New York Divorce is a complex and emotional process for anyone, but for LGBTQ couples, it can come with its own set

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Elder Law in New York
elder law

Elder Law in New York 2024

Explore the latest updates and changes in Elder Law for 2024 in New York. As we enter 2024, it’s essential to stay informed about the

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Types of Probate in New York

Welcome to Morgan Legal Group P.C., your trusted source for legal guidance on the various types of probate in New York. Our experienced probate attorneys are here to provide comprehensive information about the different probate processes available in the state, helping you navigate the complexities of estate administration and probate proceedings.

Understanding Probate in New York

Probate is the legal process by which a deceased person’s assets are distributed, and their final affairs are settled. New York has different types of probate proceedings, each with its own set of requirements and procedures. Let’s explore the main types of probate in New York:

1. Formal Probate

Formal probate is the traditional and most common type of probate proceeding in New York. It involves filing a petition with the Surrogate’s Court in the county where the decedent resided at their death. The court oversees proving the will’s validity and appointing an executor to manage the estate’s administration. This process is suitable when the estate is complex, or beneficiary disputes are anticipated.

2. Simplified Probate

Simplified probate, a “small estate” or “voluntary administration” proceeding, is a streamlined process available for estates with a limited value. This process is generally used when the total value of the decedent’s assets falls below a certain threshold. It allows for a simplified court procedure, reducing the time and cost of the probate process.

3. Ancillary Probate

Ancillary probate occurs when a decedent owns property in multiple states. If the decedent’s primary residence is outside of New York, but owns real estate or other assets within the state, ancillary probate may be required. This process involves filing a petition in New York to handle the assets’ distribution within the state.

4. Probate of Lost or Destroyed Wills

In cases where the original will is lost, destroyed, or otherwise unavailable, New York law provides a process for probating a copy of the will. The court will require evidence to establish the validity of the lost or destroyed will and ensure that it accurately represents the decedent’s wishes.

5. Probate Without a Will (Intestate Succession)

When a person passes away without a valid will, their estate is subject to intestate succession laws. The court will appoint an administrator to manage the estate’s distribution according to New York’s laws, prioritizing surviving family members based on their relationship to the decedent.

Consult Our Experienced Probate Attorneys

At Morgan Legal Group P.C., navigating the probate process can be overwhelming, especially during an emotional time. Our experienced probate attorneys are here to provide you with the guidance and support you need. Whether you’re dealing with a complex estate or seeking a streamlined process for a small estate, we have the knowledge and expertise to assist you.

Contact us today to schedule a consultation and learn more about the different types of probate in New York. Our team is dedicated to helping you make informed decisions that align with your best interests and the wishes of your loved one.

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