Post: New York Probate Process

New York Probate Process

New York Probate
Table of Contents

The probate process is concerned with validating a Will. When a person dies leaving a Will, this Will must be probated in a court of Law before the dictates of the Will are carried out.

The probate process is most times a complex procedure, as many things come into play. Across the country, writing of Wills and probate law are both influenced by State laws and therefore, the probate process will differ from state to state. Things such as the original Last Will of the deceased, a formal petition, notice of affected family members, as well as witness affidavits are among the list of things required for a New York Probate Process. Are you about to get involved in a probate process in New York? Or are you thinking about drafting that Will that will see your hard-earned estate enter into the hands of other parties? Then you need make no mistakes. Waste no time and contact a New York Probate Lawyer.

The New York Probate Lawyer is highly knowledgeable in the probate process of New York.

They can offer you legal assistance in writing that Will, ensuring it meets the requirements of New York State laws. The New York Probate Lawyer will also help the executor of a Will during the probate process, or may even serve as an executor in a case where there is no Last Will.

The New York probating process is conducted in a Surrogate’s court in New York. This process will likely be smoother in the availability of a written valid Will. The New York Probate Lawyer is hired by either the executor of the will or the beneficiaries (or both parties) to offer legal advice as to what steps to take in settling and distributing the estate. The probate lawyer will review the will, ensuring it was signed with the full consciousness of the deceased. This is because occasionally, persons may be forced into signing a Will under duress, such that it would benefit one or more parties. In such occasions, it is the Probate Lawyer who would–through his professionalism–seek legal remedy to the situation.

Seldom, a Will may be contested. Contest of a Will is a provision made in Probate Law, allowing individuals to object the dictates of a Will. Some parties may feel cheated by the deceased, and may desire that they get more inheritance out of the estate. A party may feel that some foul play has been done to alter the distribution of the assets. If such cases arise, hesitate not to contact and hire a New York Probate Lawyer, as he would use his legal powers in granting you assistance.

In the absence of a Last Will, or in a case where the Surrogate Court declares the Will as void, the estate will be distributed among the family members according to the Intestacy Laws of the state where the estate is located. These laws differ across different states, hence the need for hiring a competent New York Probate Lawyer who is learned in the intestacy laws of New York.

An estate administrator or executor may be named by the state in the absence of a Will. He/she should hire an New York Probate Lawyer to assist in administering the estate. The New York Probate Lawyer may also act as the estate administrator or executor.

The New York Probate Lawyer will offer legal guidance in:

• Preparing documents required during probate;
• Appraisal of the decedent’s properties;
• Evaluating the assets and estate left by the decedent;
• Settling of bills, estate and income taxes, funeral expenses and outstanding debts;
• Managing the estate’s purse;
• Collection of the proceeds of life insurance taken by the decedent;
And all other legal matters concerning estate and probating in New York City.

Do not try handling these legal matters all by yourself; you may end up making costly mistakes that would be detrimental to your own interests.

Hurry now and contact a reliable New York Probate Lawyer today!