Probate A Will
Last updated on January 19, 2024
Going hand-in-hand with our estate planning services, a probate lawyer handles filing your will and last testament and handles the process of distributing assets and relieving debts.
While you may feel rushed to find a probate lawyer, it is important to really look into what you are getting. Make sure that your estate probate attorney is not only helping you with your will but also is willing to handle income tax, retitling, court processes, and so much more. While writing a will is not something that you need a lawyer for, it is important to have this be something you choose to not do yourself. A probate lawyer has the command of language, knowledge of the law and an understanding of consequences that will help your beneficiaries stay out of court.
Frequently Asked Questions About Probate In New York
Our clients often have questions about the probate process. To get you started, we’ve provided answers to some general questions here.
When does probate happen in New York?
If you have made a will in New York and your estate is valued at $30,000 or more, then it must go through probate. Probate is the process whereby a judge in the surrogate’s court approves the terms of your will and orders the instructions to be carried out as intended.
If the estate is valued at less than $30,000, your will may not have to go through probate. One of the experienced probate attorneys at Sutton Sachs Meyer PLLC can help identify which rules apply to your will.
How long does the probate process take?
The length of the probate process largely depends on the value of the estate and its complexity. The average time is around seven months. However, if there are numerous assets of high value, then this could extend the period to a year or more.
Will contests and disputes among beneficiaries can also delay probate. We can help you avoid these unnecessary delays by guiding you through each part of the estate planning process.
Which assets are subject to probate in New York?
Real estate is generally considered a probate asset if owned outright by the deceased. So, houses, rental properties, vacation homes and all other forms of real estate owned by the deceased will have to go through probate. The court then establishes who will inherit the properties and whether or not any outstanding debts or taxes have to be paid first.
If property is jointly owned and is subject to a right of survivorship, then it may bypass probate.
All other personal belongings, such as vehicles, furniture, jewelry and collectibles, will also have to go through probate unless the assets have been included in trusts or other estate planning instruments designed to bypass probate.
Some assets are considered “non-probate assets.” Generally, these include jointly held bank accounts, life insurance and retirement policies with named beneficiaries and assets held in the name of a trust.
Get Skilled Legal Help With Estate Administration And Probate
At Sutton Sachs Meyer PLLC, our team has years of experience with all probate issues.
Contact us at 212-884-9727 for the estate planning and probate drafting and execution that will help you know that your wishes will be fulfilled after you are gone. Understanding attention to detail is what we are about at Sutton Sachs Meyer PLLC, get your free consultation today!