FEATURES & NEWS

Probate attorney near me in New York 2025
Estate Planning

Probate attorney near me

Navigating Probate in New York: Finding the Right Attorney Near You (2025) Probate, the legal process of administering a deceased person’s estate, can be complex

Read More »
Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You
Estate Planning

Wills and Trusts NYC

Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You Regarding estate planning in New York City, a fundamental decision arises: Will a

Read More »
Protecting yourself and your partner
Estate Planning

Protecting yourself and your partner

Protecting Yourself and Your Partner: A Comprehensive Guide to Estate Planning in New York At Morgan Legal Group, we understand the complexities involved in safeguarding

Read More »
The importance of a living will
Estate Planning

The importance of a Living Will

Why a Living Will Matters in NYC: Your 2025 Guide As we move further into 2025, advanced healthcare planning has become more critical than ever,

Read More »
Medicaid Trust NYC
Estate Planning

Medicaid Trust NYC

Medicaid Trusts in NYC: Safeguarding Your Assets from Long-Term Care Costs For residents of New York City, planning for long-term care is a critical component

Read More »
Probate Lawyer Cost
Probate

Probate Lawyer Cost

Understanding Probate Lawyer Costs in NYC: A Clear Guide When facing the daunting task of estate administration in New York City, one of the first

Read More »
Estate Planning in NYC
Estate Planning

Estate Planning in NYC

Estate Planning in NYC: A Comprehensive Guide For New York City residents, estate planning is not merely a suggestion but a necessity. Indeed, living in

Read More »
Living Trusts in NYC: Your Expert Guide
Estate Planning

Living Trusts in NYC

Living Trusts in NYC: Your Expert Guide For New York City residents, planning for the future and securing your legacy is critical. Estate planning, therefore,

Read More »
Digital Estate Planning in New York
Asset Protection

Digital Estate Planning NY

Securing Your Digital Legacy: Digital Estate Planning in New York In today’s increasingly digital world, our lives extend far beyond the physical realm. We conduct

Read More »
Medicaid Planning and Asset Protection
Asset Protection

Medicaid Planning and Asset Protection

Safeguarding Your Assets: A Comprehensive Guide to Medicaid Asset Protection Trusts in New York for 2025 Preparing for long-term care can be an overwhelming process

Read More »
Estate Planning Guide 2025
Estate Planning

Estate Planning Guide 2025

Estate Planning Guide 2025: A Comprehensive Resource for New York Residents As we approach 2025, the need for a solid and comprehensive estate plan becomes

Read More »

If you have an In-depth knowledge into what probate is, including the processes involved, you will know why it is important to plan an estate that escapes this process. Probate is usually done to determine the authenticity of a will and the process beings after your demise.

Since you won’t be around to experience the probate process, the burden attached to this process will have to fall on your estate executor, and probably the beneficiaries of your estate. Trust me, the burden that comes with probate is something a grieving family shouldn’t go through.

In New York, the probate process is quite different from other cities in the US. New York has its own probate laws that guides the probate process. In New York, and other cities, the assets of a deceased can’t be transferred to the designated beneficiaries until probate has been done. This process takes place in a surrogate court with the attendance of a Judge and the estate executor who represents the estate owner and its beneficiaries.

Based on the probate law of New York, estates valued above $30,000 must go through probate when a will is absent. But if the estate is valued below the $30,000 mark, the court will open a little estate proceeding.

Factors that could cause a delay In the Probate process

Many people are scared of probate mainly because of the duration of this process. After the death of an estate owner, it is the wish of the estate beneficiaries to receive their entitlement without having to wait for too long. The probate process can destroy this wish, though this depends on the following factors.

The professionalism of the Executor

One of the main job of an estate executor is to oversee the probate process. This process comprises of several tasks that requires wisdom, understanding and professionalism. The duty to select an estate executor always falls on the owner of the estate. If peradventure you failed to select an estate executor in your will, or you don’t have a will, an estate administrator will be chosen by the probate court.

If you end up choosing an estate executor who lacks the professionalism to handle a process as intricate as the probate process, your assets may spend several months- or worse- years in probate. To prevent this from happening, ensure that you select the best person for this job. If you have the intention of selecting an attorney as your estate executor, you can contact our probate attorney 11412, New York.

Complex estate properties

One of the primary factors that could elongate the probate process is the circumstances surrounding your estate properties. Generally, the probate process of a little estate needs some documents including an estate affidavit to transfer assets of the deceased to the designated beneficiaries.  States such as New York have limits and requirements for estate to be little for an easy probate process. Estate plans like this requires little assets. But, estates with several houses, joint family business, offshore accounts, several bank accounts, etc., will drag the probate process. Such estate require a thorough probate process to ensure that errors aren’t made and only the designated beneficiaries receives the right share of the deceased’s estate.

Will Contest

Because a will is an integral aspect of an estate, any issues with this legal document can end up elongating the probate process. Eligible beneficiaries of an estate can feel cheated when they don’t receive a portion of the deceased’s asset. This could lead to several lawsuits and petitions on the ground that the will is invalid.

 Typically, will contest are initiated in the probate court with the reason that the estate owner was coerced into writing the will in the manner at which it was written and that the will lacks the right formalities of creating estate documents in New York.

During the probate process, estate executors may need the assistance of a competent probate attorney, one conversant with the estate laws of New York including the probate process. If you were chosen as the executor of an estate, or you need the help of an attorney to plan your estate, you can contact our probate attorney closest to you.

Most Popular: