Probate is a very important legal process.
It is the process through which a Will is declared valid or invalid by a law court. The New York probating process can be a very complex one involving a formal petition, witness affidavits, proper notice of all surviving family and relatives, and so much more, however, a probate attorney New York would save you from this troubles.
Probate is done in a Surrogate’s court in the same state, town or county where the deceased had lived or owned assets. There are Surrogate’s Courts in New York and as an executor or beneficiary involved in a probate process, you should hurry and contact a Probate Attorney new York immediately.
The Probate Attorney New York offers professional and legal advice to executors and beneficiaries during the probate process. He helps in administering the estate will, using powers of the attorney, paying outstanding debts and bills, as well as distributing the assets among the beneficiaries.
The probate process New York is bound by two sources of law: the Surrogate’s Court Procedure Act (SCPA), and the Estates Powers And Trusts Law (EPTL). These, as well as the judicial principles and rules of the court in question, are what gives the grounds for probating a will in New York.
When an individual passes away without leaving a valid Last Will, or in the case where the Last Will is declared invalid during the probate process, the estate becomes “intestate”. That is, it will be divided according to the New York intestate laws. As a Probate Attorney will tell you, these laws vary from state to state, and therefore in order to protect your best interests, you need to hire a competent Probate Attorney New York to guide and oversee the probate process for you and your family.
Whether or not an estate becomes intestate, the Surrogate’s Court must be provided with accurate and detailed information as regards the deceased, his/her next of kin, information on the estate properties, and all surviving members or beneficiaries. The Probate Attorney New York, with his legal expertise, will help make this a less difficult process.
It is not always an easy task locating or providing information regarding a decedent’s next of kin. There are cases where the named executor or beneficiary is a distant relative of the deceased, such that such persons and their direct connection to the deceased becomes difficult to obtain and prove. An executor of a will may be faced with such a problem, not knowing if the said beneficiary is even legally worthy of benefiting from the estate. Such issues are most times resolved in kinship hearings. It is advised that the executor of such a will contacts and hires the service of a Probate Attorney New York to offer legal advice and guidance in the matter.
Most cases of probate do not always involve estate litigation. Estate litigation may be by will contests. But all the same, such cases may arise and a Probate Attorney New York would be required to resolve such controversies. A Will Contest is embedded in SCPA Section 1404 of the constitution, and it gives aggrieved or displeased parties the opportunity to examine the Will and put into question the testimony of the attesting attorney as well as any other witnesses. This is to ensure that the Last Will is actually the true Last Will of the deceased.
The Probate Attorney NYC will perform any of the following services such as:
- Paying the bills and debts of the estate;
- Placing a value on the estate;
- Act as an executor or administrator in the absence of a will;
- Distribution of the estate assets among the beneficiaries;
- Rendering any form of legal advice to the executor and beneficiaries, and guiding them against illegal actions and costly mistakes.
To get these services and much more, kindly contact a Probate Attorney New York today!