Dedicated Legal Representation from an Experienced Team Capable of Handling Your Probate Matters with Compassion and Understanding
If you are reading this page, then we understand there is an increased likelihood that you have recently lost a loved one or a family member. While individuals and families should be allowed time to grieve and mourn the passing of their loved ones, unfortunately, certain legal issues must be dealt with after the death of a person.
After the death of a loved one, their estate must be settled in court, regardless of whether they left a will. Not only can these proceedings be complex, time-consuming, and potentially contentious, but they are always emotionally challenging before they are fully resolved. While specific estate planning measures could work to simplify the legal process that follows the death of an individual, in many cases, surviving family members still require dedicated representation from experienced attorneys to assist them. Our law firm is well-versed in the probate process, making us highly qualified legal professionals capable of taking action on your behalf and helping you reach a favorable outcome in your probate case at affordable rates.
Whether you are responding to the death of a loved one or are looking to develop a plan for probate in the event of your death, we can help you draft and review all necessary documents to provide a certain level of security and peace of mind. For help with completing the probate process, please contact our New York law offices to schedule your free initial consultation with our legal team today.
What Are the Important Steps to Take After the Death of a Family Member?
After an individual’s death, specific steps must be taken, regardless of whether an estate plan or will exists.
In preparation for probate and to simplify matters for your surviving loved ones, it’s recommended that you draft a will and other essential documents and store them in a safe location. We recommend that you create copies of all necessary paperwork so that it is easier to verify the authenticity of those documents after your death.
After someone’s death, the surviving family members or estate administrator must obtain a valid death certificate. In cases involving a funeral home, the funeral director typically picks up the death certificates and completes the relevant information with your assistance and that of your family members. A death certificate must be obtained and filed within a specific time frame, so you mustn’t delay.
If there were any instructions left behind about how to handle the body after death, the body would be either buried or cremated according to those instructions. If no such instructions were provided, the court may appoint certain surviving loved ones to make the appropriate determination.
All surviving assets of the deceased must be located and collected, then deposited into the estate account. If there was a valid will, that document should have named an executor of the estate, who is responsible for filing the will with the appropriate probate court, gathering assets, and navigating the entire legal process. If there was no valid will, the individual would have died intestate, in which case the courts must appoint an estate administrator to handle the probate proceedings.
How Does the Probate Process Work in New York State?
In almost all cases, after the death of a person in New York, probate or estate administration becomes a necessity. The probate process involves distributing the decedent’s assets to beneficiaries or heirs. While there is no deadline to begin the probate process in New York, starting this process as soon as possible is highly recommended, as these cases can drag on for a long time.
If there was a will, the probate process is dramatically more straightforward than in cases where no will existed or if the will was deemed invalid. Probate proceedings transpire in the surrogate’s court of the county where the decedent resided. All assets, personal property, debts, and possessions are to be collectively referred to as estate assets. The will shall name an estate executor to handle the probate proceedings, which the court must approve and officially appoint.
Only estates valued at over $50,000 must go through the probate court process if there was a will. In estates valued at less than $50,000, the probate court uses small estate proceedings. For more information on small estate proceedings and any exceptions to the rules, please get in touch with our law office.
In the probate process, the executor files a petition along with the original last will and testament to begin the proceedings. The petition will detail the date of death, name any designated beneficiaries, estimate the estate’s value, and notify interested parties of the opening of the probate process.
The responsibilities of estate executors include the following:
- Inventorying and transferring all remaining assets to the estate
- Paying off necessary bills, taxes, and debts owed by the estate
- Collecting debts that were owed to the decedent
- Investing assets during the probate proceedings
- Distributing finances and property according to the language of the will to any designated beneficiaries
- And finally, closing the estate
What if Your Loved One Passed Away Without a Valid Will?
When someone dies without a will in New York, it’s usually because there was no estate plan at all. However, some instances involve invalid wills or will contests, which call into question the validity of any existing documents.
In situations where there is no valid will or the estate plan was never created in the first place, it’s highly recommended that you work with experienced estate planning lawyers to assist you through the complex intestate process.
In such cases, remaining assets must be distributed in accordance with New York law, which typically favors surviving spouses and children over other heirs.
Is There a Way to Avoid Probate in New York?
Because probate can be costly and lengthy, many individuals hope to avoid the process entirely.
In addition to small estate proceedings, there may be other means of avoiding probate in New York, including the following:
- Joint ownership of property, such as real estate or businesses
- Designating beneficiaries for bank accounts or via a pay-on-death account
- Gifting property
- Making a trust and putting assets into that trust
- And more
To learn more about trusts and other ways to avoid the probate process in New York, please contact our law firm to request a free 30-minute case evaluation today.
Do You Need the Legal Services of a Probate Attorney?
Probate cases are common, but that does not mean that they are always straightforward.
Many complications could arise, potentially lengthening the process and making matters more difficult for all surviving loved ones. An example of such a complication is probate litigation, or a will contest, in which an interested party steps forward to challenge the validity of estate planning documents, leading to contention and potential turmoil. While some of these complications cannot always be avoided, there are steps you can take to reduce the risk, such as working with an experienced attorney to draft a comprehensive estate plan while you are still alive.
Our law firm offers a range of estate planning services to clients involved in probate proceedings in New York. To learn more about the benefits of retaining our professional legal counsel, please get in touch with our office to request a free, no-obligation case evaluation today.
Contact Our New York Law Firm to Request a Free Consultation with an Experienced Probate Lawyer Today
Whether you are looking to make steps to simplify matters for your loved ones after your death or responding to the death of a family member and must go through the probate court proceedings, our law firm has the legal experience necessary to assist you throughout these matters.
Probate can be a complicated time, not least of all because of the high emotions involved after the death of a family member or someone you were close to. You must remember that you don’t need to go through these issues on your own, as experienced help is available.
To learn more about how our knowledgeable legal team can assist you, please contact our office to request a free 30-minute case review today. You can reach us at 845-682-5572.