The New York City Probate Process
The New York City probate process is quite different from that of other states, and this is because the state laws of every state influence the process. If you left a will and named an executor, the executor will be the person to begin the probate. He will do this by writing and signing a formal petition to the Surrogate’s Court in the county where the deceased had lived or owned assets. There are different Surrogate’s Courts in NYC such as Queens Surrogate’s Court, Kings Surrogate’s Court and New York Surrogate’s court. As an executor, there are documents which the NYC laws require you to attach to the petition, and these documents will be revealed and explained to you by the probate NYC lawyer.
The Judge will then examine if the Will meets the requirements of New York laws. If it does, the Judge will issue an order for the probating process to commence and will grant the executor the legal right to administer the estate. It is advised that as an executor, contact and hire a probate NYC lawyer to help with the estate administration.
Proper estate plans prevent probate
Estate planning is a process of making decisions and plans over your future and that of your loved ones. specifically, estate plans, concerns what happen to your assets both while you are alive and well or dead, how you want to share your assets to family, children or spouse, who takes over making certain important decisions for you in cases of mental incapability and lastly transfer of ownership of a property.
Planning now for the future with an estate lawyer would never be regretted. Preparing now for the future over your financial and medical affairs would save you and your loved ones a whole deal of stress and troubles. One wrong document or inclusion or signatory could mean or signal a whole different thing and may jeopardize your wellbeing or your estates at risk of loss and probate with the beneficiary or trustee not getting it.
A will undergoes probate
The probating process is often not a very smooth process. When the Surrogate’s Court admits the Will into probate, it notifies every interested party that may be affected in any way by the dictates of the will. This notification gives these parties the legal opportunity to object to the dictates of the will, and this act is known as a “Will contest”. A contest may be initiated by any displeased or dissatisfied party who feels that the decedent may have been forcefully influenced by another party into signing the will. One may contest a will also on the basis that the deceased was mentally unhealthy to have written such a will, and therefore may not truly represent his or her intentions. These arising issues often associated with the probate process pose a difficult challenge to the executor’s administration, as well as the beneficiaries. The affected parties are therefore advised to seek and contact a probate NYC lawyer who is capable of handling these legal matters.
The probate NYC lawyer will help
- Write your wills according to the New York state laws. State laws rules over what can be included in estate plan documents such as will. They regulate the documenting process of will as well as the formalities through which a will can be implemented. It is thus advised that you plan consult with a New York City probate lawyer.
- Evaluate your estate. While planning your estate, it is expected that you evaluate your assets and properties. With the help of New York probate attorney, you can start planning your estate.
- Payment of estate debts, bills and expenses. This is important as each and every asset must be accounted for, and the monetary worth of the estate established. Out of these assets, bills, taxes and debts will have to be paid before the remnant is distributed to every beneficiary.
- Prepare other estate planning documents such as living trust, power of attorney and advance medical directives.
- Distribution of estate assets to the beneficiaries.
- The New York Probate lawyer may also act as the estate administrator or executor in the absence of a valid Will.
To prevent cases of invalid will or intestate estates, where your estate are share in manners that might not benefit your desired beneficiaries, you need to make appropriate estate plans.
No matter the financial or medical situation you are in today, contact a New York City probate lawyer to help you through the process of writing your will and obtaining other estate document to prevent probate.
