FEATURES & NEWS

What is Elder Law in New York 2024?
elder law

WHAT IS ELDER LAW?

Understanding Elder Law in New York 2024 As individuals age, their legal needs evolve, requiring specialized expertise in areas affecting their health, assets, and legacy.

Read More »
All About Trusts and Wills in New York
Estate Planning

All About Trusts and Wills in New York

Understanding Trusts and Wills in New York: Essential Tools for Estate Planning Planning for the future requires careful attention to detail, especially when it involves

Read More »
Attorney for Wills and Trusts
Estate Planning

Attorney for Wills and Trusts

Discover expert guidance for Wills and Trusts in New York. Morgan Legal Group provides personalized estate planning for peace of mind.

Read More »
Different Types of Wills in New York
Estate Planning

Different Types of Wills in New York

Understanding Different Types of Wills in New York Wills are critical estate planning documents that allow individuals to express how they want their assets distributed

Read More »
Common Probate Issues In New York
Estate Planning

Common Probate Issues In New York

Common Probate Issues Probate is a legal process that occurs after an individual passes away, involving the distribution of their assets according to their will,

Read More »
Estate Planning Tips in New York - Morgan Legal Group
Estate Planning

Estate Planning Tips:

Estate Planning Tips in New York Estate planning is a vital process for ensuring that your assets are protected, your healthcare decisions are respected, and

Read More »
Guardianship Attorney in NYC
Guardianship

Guardianship Attorney

Guardianship Attorney in NYC In New York City, the need for guardianship arises when an individual can no longer make decisions for themselves due to

Read More »

Probate is the process by which the estate of a deceased is lawfully disbursed. If there is a valid will, the estate will be distributed accordingly. If not, the intestacy laws determine who gets the estate properties. But probate is not always necessary. In New York, probate will only be done if there are assets held in the deceased’s name only, of which the estimated worth values over $30,000. Below this value, a simple Small Estate Administration is used instead. Property held in joint tenancy, assets held in a trust, IRAs, insurance policies and other financial accounts with POD clauses pass outside probate. There is no simplified probate process in New York. On average, probate takes about 7-9 months.

You may just have found out that you were named the executor in a will by a recently deceased person. Possibly the whole concept of probate is still foreign to you. Seeking guidance from a probate attorney is the right step to take. A probate attorney 11433 offers professional assistance to clients in probating a will and administering an estate in NY. As probate laws vary from place to place, and as probate must be done in the county of the deceased, it is important hiring a lawyer in that county who is highly experienced in the probate system of said location. If you wish to acquire the services of a probate attorney 11433 Jamaica, NY, we are here to help. Probate begins and ends in the probate court where the deceased owned estate.

Important things to know about NY probate 11433

Being the executor of a will, there are so many things you should know about probate. This is because there are important roles you would be playing. However, your attorney when hired will guide you through, ensuring all that needs to be done is done at the right time; the purpose is for probate to conclude quickly and with minimal complications.

Do you need an executor?

The executor is named in the will. He is responsible for initiating probate by filing a petition to the probate court for the process to commence. If there is no will, then an estate administrator is appointed by the court. Both executor and estate administrator are both called the personal representative of the deceased and have the same responsibilities.

Responsibilities of the personal representative

  • Initiating probate by filing a petition to the court along with the death certificate and Last Will of the deceased
  • Notifying the family and creditors of the deceased that probate has commenced
  • Collecting all valuables and estimating the worth of the estate
  • Paying estate debts, tax, funeral expenses, and other financial obligations of the estate. (All expenses including attorney charges and court fees are paid from the estate purse.)
  • Disbursing what is left of the estate to the beneficiaries.

Why you need a probate attorney

Actually, there are so many advantages of hiring a probate attorney. The process is legal and involves some legal formalities which you may not be familiar with. A probate attorney will assist with all these to prevent costly mistakes. Tax forms prepared incorrectly can attract sanctions. If there is no proper understanding of the will, conflicts and tension may abound. A probate attorney gives clarity to all relevant aspects. He also ensures the executor performs his roles with utmost efficiency and transparency, thus preventing fraudulence, mismanagement and unnecessary accusations.

If there are differences amongst the family members and lawsuits are filed, probate becomes even more expensive and time-consuming. A probate attorney can help prevent such issues from escalating into court cases through conflict resolution. If need be, he also represents clients in probate litigation.

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.

Call us

Our probate lawyers at our NY-based law firm help ensure that probate concludes quickly and with as little hiccups as possible. Call our offices to speak with a probate attorney 11433.

Most Popular: