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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

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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

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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

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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,

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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

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Probate Lawyer Cost
Probate

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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

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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

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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,

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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

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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

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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

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Types of Probate in New York

Welcome to Morgan Legal Group P.C., your trusted source for legal guidance on the various types of probate in New York. Our experienced probate attorneys are here to provide comprehensive information about the different probate processes available in the state, helping you navigate the complexities of estate administration and probate proceedings.

Understanding Probate in New York

Probate is the legal process by which a deceased person’s assets are distributed, and their final affairs are settled. New York has different types of probate proceedings, each with its own set of requirements and procedures. Let’s explore the main types of probate in New York:

1. Formal Probate

Formal probate is the traditional and most common type of probate proceeding in New York. It involves filing a petition with the Surrogate’s Court in the county where the decedent resided at their death. The court oversees proving the will’s validity and appointing an executor to manage the estate’s administration. This process is suitable when the estate is complex, or beneficiary disputes are anticipated.

2. Simplified Probate

Simplified probate, a “small estate” or “voluntary administration” proceeding, is a streamlined process available for estates with a limited value. This process is generally used when the total value of the decedent’s assets falls below a certain threshold. It allows for a simplified court procedure, reducing the time and cost of the probate process.

3. Ancillary Probate

Ancillary probate occurs when a decedent owns property in multiple states. If the decedent’s primary residence is outside of New York, but owns real estate or other assets within the state, ancillary probate may be required. This process involves filing a petition in New York to handle the assets’ distribution within the state.

4. Probate of Lost or Destroyed Wills

In cases where the original will is lost, destroyed, or otherwise unavailable, New York law provides a process for probating a copy of the will. The court will require evidence to establish the validity of the lost or destroyed will and ensure that it accurately represents the decedent’s wishes.

5. Probate Without a Will (Intestate Succession)

When a person passes away without a valid will, their estate is subject to intestate succession laws. The court will appoint an administrator to manage the estate’s distribution according to New York’s laws, prioritizing surviving family members based on their relationship to the decedent.

Consult Our Experienced Probate Attorneys

At Morgan Legal Group P.C., navigating the probate process can be overwhelming, especially during an emotional time. Our experienced probate attorneys are here to provide you with the guidance and support you need. Whether you’re dealing with a complex estate or seeking a streamlined process for a small estate, we have the knowledge and expertise to assist you.

Contact us today to schedule a consultation and learn more about the different types of probate in New York. Our team is dedicated to helping you make informed decisions that align with your best interests and the wishes of your loved one.

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