FEATURES & NEWS

Estate Planning

Lawyers for Elderly Abuse 

Lawyers for Elderly Abuse in New York Understanding Elderly Abuse in New York Elderly abuse is a pervasive and often underreported issue affecting seniors across

Read More »
Revocable Trust Lawyer in New York
Estate Planning

Revocable Trust Lawyer

Revocable Trust Lawyer in New York Understanding Revocable Trusts A revocable trust, also known as a living trust, is a powerful estate planning tool that

Read More »
Estate Planning Tips for Entrepreneurs in New York
Estate Planning

Estate Planning Tips For Entrepreneurs

Estate Planning Tips for Entrepreneurs in New York Introduction: Why Entrepreneurs Need Estate Planning For entrepreneurs, estate planning is more than a personal necessity; it’s

Read More »
Will And Trust In New York
Wills and Trusts

Will And Trust In New York 2024

Wills and Trusts in New York: Your 2024 Comprehensive Guide As we approach 2024, the estate planning landscape in New York continues to evolve. Understanding

Read More »
Understanding Wills and Trusts in New York
Estate Planning

Wills and Trusts New York

Understanding Wills and Trusts in New York Wills and trusts are essential tools for estate planning in New York. Each serves distinct purposes and offers

Read More »
Estate planning in the digital age
Estate Planning

Estate planning in the digital age

Estate Planning in the Digital Age Introduction The digital age has transformed nearly every aspect of our lives, including estate planning. As online platforms and

Read More »
Trusts for Minor Children in New York
Estate Planning

Trusts for Minor Children

Trusts for Minor Children in New York Understanding the Importance of Trusts for Minor Children Establishing a trust for minor children is a vital component

Read More »
Five Common Mistakes a Probate Lawyer Could Make in New York
Estate Planning

5 mistakes a probate lawyer

Five Common Mistakes a Probate Lawyer Could Make in New York Probate is a vital process for administering an estate after someone’s death. However, even

Read More »
Reasons to Hire a Probate Lawyer in New York
Estate Planning

Reasons to hire a probate lawyer

Reasons to Hire a Probate Lawyer in New York Probate is the legal process of validating a will and administering an estate after someone’s death.

Read More »
3 Ways to Avoid Probate in New York 2024
Estate Planning

Provide 3 ways to avoid probate

3 Ways to Avoid Probate in New York 2024 Probate is a legal process that oversees the distribution of a deceased person’s assets. While it

Read More »

Probate

Probate is a legal process carried out after an individual passes away leaving estate. If they left a Last Will, the Will may then be admitted into the probate court and verified if indeed it is in compliance with state laws. If it is, then the estate is disbursed accordingly. Otherwise, the intestacy laws determine the default heirs.

However, the distribution aspect is only the last phase of the probate process. The executor or estate administrator appointed by the court in the absence of a valid Will has a lot of responsibilities during probate. As the roles are critical, care must be given to avoid costly mistakes. In that note, Will executors and estate administrators — collectively called the personal representative of the deceased — are advised to seek legal and professional guidance from a skilled probate attorney in their county.

For probate in Jamaica, NY 10065, contact a probate attorney 10065.

Important things to know about NY probate

When is probate necessary in New York 10065?

Probate is necessary when the decedent died leaving assets held in their name only. Such assets must then be lawfully passed into the ownership of someone else i.e. a beneficiary or heir, and this is what necessitates probate. Howbeit, the total value of the assets must exceed $30,000 for it to be probable. Below this value, the estate will undergo a process known as Small Estate Administration.

What is Small Estate Administration?

Small estate administration is more or less a simplified approach to settling an estate worth less than $30,000 in New York. Here, the petition filed will not be for probate but for a small estate. This goes simply and smoothly and hardly ever requires an attorney’s professional involvement.

Do all assets go through probate?

Only assets held in the name of the decedent only may be probated. These may include houses, bank accounts, vehicles, business, other personal items, etc.

There are specific assets which never goes through the probate process:

  • Assets held in a trust
  • Jointly held assets with rights of survivorship
  • Retirement accounts
  • Accounts with payable-on-death clauses
  • Insurance proceeds and other accounts with designated beneficiaries.

What are the duties of the personal representative?

The personal representative is responsible for the following:

  • Initiating probate by filing a petition to the Surrogate’s Court
  • Notifying the public (most importantly the relatives and creditors of the deceased) that probate has commenced
  • Collecting all assets and evaluating the estate
  • Filing tax return forms, paying estate tax, debt, funeral expenses, and other financial obligations of the estate left by the deceased. All payments, including attorney fees, court charges and probate expenses are paid out of the estate funds.
  • Disbursing what’s left of the estate to the beneficiaries/heirs.

What happens when there is no will?

In the absence of a valid Will, the court appoints an estate administrator in place of an executor. This person carries out all the functions of the executor. However, the New York intestate succession law will be used to distribute the estate. Here, the surviving spouse is entitled to the first $50,000 of the estate plus half the remainder, while the children inherit the rest. If there is no spouse, the children receive everything. If there is no child, the spouse receives everything. In the absence of either, the estate goes to the closest living heir-at-law.

New York Priority of Claims

The New York priority of claims gives priority to creditors, estate taxes and other financial obligations over the beneficiaries. If there are insufficient funds, the beneficiaries may end up receiving nothing. Also, some debts would have to be sidelined. It is left for the executor and probate attorney to work in accordance with the priority and conclude on who to pay and who not to pay. The importance of estate valuation before disbursement is seen here.

Will Contest

After the Will gains admission into court, the court calls for a court hearing where all interested parties will be present. Any disgruntled party may lawfully “contest” the will, that is, counter its credibility. It may lead to a court case. Family members may also litigate. Such persons filing lawsuits regarding a will or assets during probate would require the services of a skilled probate attorney.

We are here to help

As have been seen, there are areas where assistance from a legal professional is required. Our probate attorneys at our NY-based law firm help ensure that probate concludes as quick as possible and with minimal hiccups. We assist executors in the execution of their roles to avoid costly mistakes while speeding up the process. Let us take the burden off you. Call our Law Office to speak with a probate attorney 10065.

Most Popular: