Midtown New York City Probate Lawyers on Fifth Avenue



WEBEL LAW, PLLC
535 Fifth Avenue, Floor 4
New York, New York 10017
(646) 373-1055




PROBATE
&
ESTATE ADMINISTRATION




Midtown New York City Probate Attorneys








PROBATE OVERVIEW

Each county's Surrogate's Court has its specific procedures, but they're similar and follow the state's Court Rules. Generally, the process is as follows:

1. The Will of the person who died (the Decedent) names an Executor who is appointed by the Surrogate's Court to manage the Decedent's probate estate and its distribution.

2. The Executor or the Executor's Attorney submits (i) the Decedent's Will, (ii) the Decedent's Death Certificate, (iii) a formal Probate Application, and (iv) applicable fees to the Surrogate's Court in the county where the decedent was domiciled at the time of death.

3. After reviewing all submissions and objections (if any), the Surrogate admits the Will into Probate and appoints an Executor by issuing Surrogate's Certificates or Letters Testamentary which are legal authority for the Executor to make legal transactions on behalf of the decedent's probate Estate.

4. The Executor mails Notice of Probate to the decedent's spouse, heirs, and beneficiaries and files Proof of Service via mailing to the Surrogate's Court.

5. The Executor usually opens a checking account in the Estate's name to receive and distribute funds.

6. The Executor marshals the decedent's assets as directed by the decedent's Will. That includes gaining control of and safeguarding all assets, selling assets as needed, paying taxes and other debts, and distributing the proceeds as directed by the Will.

7. After appropriate notifications are sent, the Executor files necessary accountings and petitions the Surrogate's Court to close the Probate.

8. After thoroughly reviewing submitted documents and objections, the Surrogate formally closes the Probate.




Midtown New York City Probate Attorneys on Fifth Avenue







PROBATE PROCESS


After a person dies with assets and a Will, Probate or Estate Administration is the legal procedure where a court verifies the Will, appoints the Estate Administrator as directed by the Will, oversees the locating and legal notification of family members, marshals the assets (called the Estate), settles disputes, directs payment of debts, and approves the distribution of assets to beneficiaries as directed by the Will.

When no Will exists, an Estate Administration follows the same basic process except that the Surrogate Judge's selection of an Administrator of the Estate, the asset distribution, and a variety of other decisions are directed by statutory law.

Because of all the legal requirements and the complexity of some Estates, the Probate process can be very costly and can easily take a year or more to complete. Before embarking on this journey, you should speak with a Probate Attorney who can help you navigate the complexities of this process to make it time-efficient and affordable.

When a person dies with assets, the estate should go through Probate to obtain a Court's ruling that all assets, debts, and taxes are resolved forever. With proper planning before death, Probate can be avoided. However, after death, it should not be avoided because Probategrants clear title to all assets, stops future claims against the estate, and prevents taxing authorities from placing liens on property for unpaid taxes.

The expense and time of Probate is well worth avoiding the future aggravation of being unable to sell an asset without a clear title. It also precludes all debtors from filing claims after a specific date. Otherwise, claims against the estate and its assets may arise years later. The same can occur with taxes. Probate gives notice to the world that all claims to assets, claims for money owed, and civil suits must be filed by a specific date, or they are barred forever.

Call us for legal advice on Probates in New Jersey, New York, Florida, or Colorado.
Here's a brief summary of the Probate process.

Each county has a Judge called a Surrogate who presides over probates in a special court called the Surrogate's Court.

The Surrogate's Court refers to the person who died as the decedent. The county in which the decedent legally resided at the time of their death is the county where the decedent was domiciled. That county's Surrogate's Court has jurisdiction over all Probate proceedings.

If they had a Will, male decedents are called Testators and female Testatrix.

Upon death, the decedent's assets automatically become legally owned by the decedent's Probate Estate for management and eventual distribution. Usually, the Will appoints an Executor who, after appointment by the Surrogate's Court, manages the Probate Estate, winds up the decedent's affairs, and distributes its assets as directed by the Will.

Intestate is when a person dies without a Will, so state law governs distribution of the person's assets.




Midtown New York City Lawyers who advise Estate Administrators






PROBATE EXECUTOR


Being named the Executor of a Will requires much dedication, knowledge, tact, and time. It's a compliment to be named because that means the person who died thought very highly of you. However, being respected by that person may not easily transfer to the same feelings from people named in the Will. Those people can become demanding and aggressive because they want their share now. They have no regard for the complexity and time consumption of the probate process.

Being Executor also carries the responsibility to the estate and those named in the Will. Executors can be held personally liable for mistakes or failures in the probate process. As Executor, you have the right to hire legal counsel to assist you in settling the estate and filing documents with the probate court. Do not make this journey alone. We can advise you in each step of the probate process to minimize your legal liability risk.