Probate is a process of determining whether an estate document, typically a last will is authentic and fit enough to be implemented. A probate court presides over the case and give its judgment base of the documents presented by the will parties. In a court sitting of a probate, asides the estate representative or executor, probate attorney the beneficiaries of the will as permitted and are oftentimes fully involved in the process. To many dismay, the probate of a last will could last up to weeks and even many months before solution, compromise and then implementation of the plan. There are several process involved in probate and this process is the same whether you leave a valid will behind for your family or not. While you wouldn’t want to worry your family and loved ones with the agony and frustration that accompanies probate, you can hire a probate attorney.
Proper estate plan prevents tough probates
Estate plans are plans made to dictates what happens to your assets properties while you are alive, incapable and lastly when no longer alive. Through proper estate document, you can make your wishes a reality, properly implemented without hindrances. Living trust, last will, advance medical directives are some of the estate documents that would become a necessity before you die. It is rather unfortunate that most individual wait so long without an estate plan and consequently they die living there families in turmoil. More so, others who decides to make an estate plan do so without proper consideration and guide of estate lawyer. The documents containing lots of errors and inclusions different from what New York state laws allow on estate plans. As such this estate plan documents are faced with lots of probate issues. Probate could as long as whenever to settle an estate. Even when finally settled, different plans might be imposed by the probate court.
A right and properly created estate plan document would prevent probate. Contact a probate or estate planning attorney today.
When is probate required?
The idea that probate is unnecessary or that the process should be avoided might hide its significant importance. Probate is always done in the probate in the presence of a judge, probate attorney, estate executor or personal representative and lastly the beneficiaries. The whole idea of probate is to ensure that the last will is authentic and fit to be implemented. Also, this probate ensures that named beneficiaries gets allocated properties without hassles. In certain situation, a beneficiary may feel left out on the Will, other times; a party may feel that the last will was created under duress or that the deceased was coerced into creating the document. Probate help solve this dire situations.
When does intestacy play out?
Intestate occur when a decedent does not leave behind a valid will. As such, the decedent possession is distributed through the intestate law of New York. Most times, the estate is passed to the closest relative. Intestacy can be avoided with a good estate plan. Rather than have your estate shared the way you wouldn’t like, prepare a proper estate plan and a probate attorney would sure it is properly implemented.
Bottom line
- The executor or estate representative would usually act in manner that would have been pleasing to the deceased. Following the desires and wishes of the deceased as stated in the last will.
- Part of estate may be sold or used to raise funds to pay off debts, creditors, taxes and expenses incurred during probate. Thus, the probate attorney or executor proceeds to sharing the remaining estate.
- The date of death value of the deceased assets must be obtained through either bank statements or appraisal and submitted to the court. Most state just like the New York require the executor of the estate to itemize all the decedent’s assets and properties along with the date of death values.
- The probate process could be long or short depending on the complexity of the cases surrounding the will.
- A probate attorney is vital to quick settlement of the probate process.
- Proper estate plan would typically quicken probate process. Estate document such as living trust, power of attorney could be used with a last will.
Contact a probate attorney closest to you today.
If you stay in New York, you can contact the closest probate attorney to you. Probate processes can be swift and easy depending on how the cases are handled. With a professional probate attorney, the toughest of probates cases can be easily resolved. Contact a probate attorney closest to you today.