Probate Lawyer

Probate process includes several steps. This will provide yournwith an outline of what to expect while this event is taking place.

Petition – When an original Will of the decedent isrndiscovered by the surviving spouse or children, the probate process will beginrnby filing a probate petition with the probate court. When this occurs, allrnheirs and beneficiaries must also be notified that a court hearing will takernplace. If at a later point later Will is discovered by someone else or if therernare allegations of the fraudulent activity, the actual Will or a Will producedrnunder undue influence, the objection to probate will be filed with the courtrnand this will lead to a hearing.

Notifying Creditors – New York has laws on how creditors arernnotified of the decedent’s death and how such creditors must go aboutrnpresenting claims to the executor. The estate fiduciary has an obligation torndispute all claims, except properly owed, legally enforceable obligations.

Inventory & Valuation – All assets within the estate needrnto be identified and their value must be established using prescribed methodsrnof valuation. This will be handled by the representative of the estate,rnExecutor or Administrator.

Distribution of Assets – Once all debts have been paid, allrnremaining assets will be distributed to the beneficiaries of the estate orrntrusts will be funded. This is done according to the provisions of the Will orrnRevocable Trust, if there is one.

Probate is a process which validates and pronounces Last Willrnand Testament of Individual as valid and effective for purposes of estaternadministration and asset distribution.

If you have had a loved one pass away recently, you may havernfound that their Will has to pass through probate court before debts of therndecedent ?may be paid and the remaining assets of the decedent may berndistributed to the beneficiaries. Depending on the size and complexity of thernestate itself, this process can take anywhere from few weeks to several years.rnIf you are a beneficiary of the estate, or involved in it in any other way, itrnis important to understand what to expect and to have the help you need.