What is probate? How does this work? Why must your estate or the estate of an estate owner undergo probate? Are there different types of probate in Long Island? These are the few topic in this article.
What is Probate?
Probate is a process that is carried out to determine the validity or authenticity of a will. This legal process, which can be very challenging, expensive, and lengthy, also refers to the administration of a deceased will or the estate of an individual without a will.
After the death of an estate owner, the court chooses either an executor specified in the will or an administrator (if there exist no will) to administer the probate process. The probate process involves obtaining the assets of a deceased individual to settle all outstanding debts remaining on the individual’s estate, and sharing the assets of the estate to the designated beneficiaries.
Reasons for Probate
There are about five reasons why you will have to visit the probate court to either make your claim on the decedent’s assets or to prove that you are a legal beneficiary. If any of the following applies to you or the deceased, you may want to contact a probate attorney for help.
- Probate is required if the will is considered invalid for one of the following reasons:
- Improper execution: It wasn’t written well or it wasn’t a legal will
- Mental incompetence: the decedent was not mentally ok when he or she created the will so their decisions are questioned
- Undue influence: The decedent was coerced into writing the will
- Probate is needed if the decedent didn’t create a last will and testament. If an estate owner failed to create a will, his or her estate must undergo probate. In this case, probate is done to distribute the deceased assets and transfer the title of probate property.
- Probate is needed if the assets were owned as Tenant in common of joint tenancy.
What this means is that, if the decedent owned property jointly with another individual, like in the case of common law marriage, then probate is needed to make sure that the decedent portion of the property is well shared to his or her beneficiaries.
- Probate is needed if the assets were owned solely by the deceased. If there were no other owners or designates of the property or asset, then most times, the property will have to undergo probate to bring it out of the decedent’s name and into the beneficiary’s name.
Bottom Line
Unlike states like Texas where there are about four types of probate, probate is Long Island is limited to the general probate process we know.
Basically, a probate is the actual petition that is brought before the surrogate court when a person dies without creating a will. A NY administration proceeding is brought when there is no will, and basically one or two are required to transfer assets on from a deceased’s individual ownership.
For instance, if an individual owns a piece of property in their name and he or she created a will that states who will inherit his or her asset, it is the job of the estate executor (who is usually designated by the testator) to tender the will to the probate court for the probate process.
Need a Probate Attorney?
If the estate of a loved one is set for probate, you will need to contact a probate attorney for assistance. As the executor of an estate, it is your duty to handle the probate process. However, we will agree that handling a process as channeling as probate may be too much for you. So, why don’t you hire some helping hands? Our experience probate attorneys can help you and the beneficiaries of the estate overcome the probate process without any difficulties or delay. Contact our office now!
