What is the probate process in New York?

The probate process in New York involves the legal procedure to transfer property from a deceased person to their heirs. This process includes validating the deceased's will, appointing an executor, and distributing the assets as outlined in the will. It is supervised by the Surrogate's Court and can vary in length, taking months or even years to complete depending on the complexity of the estate and any legal challenges that arise.

What are the roles of an executor in the New York probate process?

In New York, an executor is responsible for managing the deceased’s estate through the probate process. This includes filing the will with the Surrogate’s Court, notifying heirs and creditors, taking inventory of the estate's assets, paying off debts, and distributing the remaining assets to the beneficiaries as directed by the will. The executor plays a crucial role in ensuring that the probate process is conducted accurately and efficiently.

Why is it important to have a will in New York?

Having a will in New York is important as it allows individuals to control the distribution of their property after their death, appoint guardians for minor children, and specify their wishes for other personal matters. Without a will, the estate is distributed according to state intestacy laws, which may not reflect the deceased's preferences. A will also helps streamline the probate process and can prevent disputes among potential heirs.

What happens if someone dies without a will in New York?

If a person dies without a will in New York, their estate undergoes an administration process instead of probate. The state’s intestacy laws determine the distribution of the estate, typically favoring close relatives such as spouses and children. An administrator, often a family member, is appointed by the court to handle the estate. This process can sometimes lead to complications, especially in families with complex dynamics.

Can the probate process be avoided in New York?

Yes, in New York, certain estate planning tools can be used to avoid the probate process. This includes establishing trusts, designating beneficiaries on retirement and bank accounts, joint ownership of property, and life insurance policies. These methods allow assets to pass directly to the beneficiaries without going through probate, simplifying the distribution process and potentially saving time and money.

What is ancillary probate, and when is it necessary in New York?

Ancillary probate is required when a deceased person owns property in a state other than their primary residence. In New York, ancillary probate is necessary to manage out-of-state assets according to the laws of the state where the property is located. This process ensures that all of the decedent’s assets are properly handled, even those not in New York.

How are executor fees determined in New York?

Executor fees in New York are determined by the New York Surrogate’s Court Procedure Act (SCPA) and are based on a sliding scale according to the value of the estate. These fees compensate the executor for the time and effort spent managing the estate through the probate process. The amount is set by law to ensure fairness and adequacy of compensation.

What challenges can arise during the probate process in New York?

Challenges during the probate process in New York can include disputes among heirs, contested wills, and claims by creditors. The process can become particularly complicated if the will is unclear, if there are significant debts, or if heirs contest the distribution of assets. Having a skilled estate probate lawyer can help mitigate these challenges and ensure a smoother process.

How can our law firm assist you during the probate process?

At Sishodia PLLC, our experienced New York estate probate lawyers are equipped to handle every aspect of the probate process. We assist with filing the necessary documents, representing your interests in court, and ensuring that the estate is distributed according to the decedent’s wishes. Our goal is to simplify the legal proceedings for you and reduce the burden during a difficult time.

How can you contact our law firm for assistance with estate probate?

If you need assistance with estate probate or have any questions about the process, you can contact Sishodia PLLC at (833) 616-4646 to schedule a consultation. Our knowledgeable team is ready to provide you with experienced legal advice and guide you through every step of the probate process. You can also visit our office or reach out via our website for more information.

Experienced New York Estate Probate Lawyer

The probate process refers to the transfer of property from a decedent to their heirs. After losing a loved one, having to go through a lengthy and often complicated legal process is the last thing anyone wants to do. The probate process in New York can take months or even years to complete and may involve a lot of hearings and paperwork. Having the help of a skilled attorney can lessen the burden and finalize the process promptly.

At Sishodia PLLC, our qualified New York estate probate lawyers work hard to provide quality legal assistance to our clients. We understand how difficult it is to focus on rebuilding after the loss of a loved one while also dealing with the challenges encountered during the probate process.

To learn more about how we can help with your loved one’s estate probate process, contact us today at (833) 616-4646 to schedule a consultation.

top 10 - new york - real estate attorney - 24 - badge - sishodia

expertise.com-bestrealestate-attorneys in yonkers

Reach out to us

Top-Rated New York Estate Planning Attorneys at Sishodia PLLC Explain the NY Estate Probate Process

A Will or a Last Will and Testament is a written document detailing what a person wants to be done with their property after they have passed away. A person who has written and executed a Last Will and Testament is referred to as a testator.

A Will can have directives on property division, whether the deceased wanted their property donated to charity, and guardianship of any minor children. The document also names an Executor or Fiduciary to carry out the decedent’s wishes. Wills are important legal documents that should be kept in a safe place. If a lawyer helped you prepare your Will, they may also have some advice on where to keep the original copy. Some New York counties also have a vault in their respective Surrogate’s Court where residents’ Wills can be kept safely. Wills should be treated as confidential documents until the person passes away and only become a matter of public record when filed in probate.

Wills do not take effect automatically. When a person dies, there are specific legal processes involved to determine whether the document is authentic and whether it has been created in accordance with the law. If a person leaves behind a Will, the document should be filed by the decedent’s representative with the Surrogate’s Court to be admitted for probate.

The process is done to ensure that the Will is authentic and legally valid. The decedent’s Will needs to pass the authentication process conducted by the Surrogate’s Court. Once the Surrogate – as the judge in the Court is referred to – has determined that the Will is legally valid, the Will’s Executor is appointed to distribute the estate to the beneficiaries or distributees as indicated in the Will. The Surrogate’s Court also oversees the distribution process to ensure that the Executor is doing their duty responsibly.

If the decedent’s estate is valued at less than $50,000 and does not include real estate, or the estate is composed of non-probate assets, the probate process would not be necessary. While probate assets can include property such as real estate, automobiles, jewelry, and other heirlooms, non-probate assets in New York include retirement accounts, property held in a trust, bank accounts with specific beneficiaries, jointly owned assets, and life insurance policies. There are also ways to structure an estate plan that allows asset distribution to the beneficiaries without the need for probate.

Working with an experienced New York estate probate lawyer can help streamline the process, from validating the Will to asset distribution. A skilled lawyer can help defend the estate against potential contests or file contests while representing the interest of the beneficiaries. If you are a stakeholder in a loved one’s estate probate process, our team of skilled lawyers may be able to help you understand your rights and responsibilities.

Call us today at (833) 616-4646 to schedule a free consultation.

Buying or Selling a home?

Schedule a free consultation today

A Step-by-Step View of the Probate Process

Filing the petition - To initiate the probate process, the assigned executor of the Will should file the original of the Will and a certified copy of the death certificate together with other documents in the Surrogate’s Court of the county where the decedent lived. A filing fee also needs to be paid, with the value calculated based on the dollar value of the estate.
Sending the notice - The executor needs to file a notice informing the decedent’s beneficiaries and heirs about the petition. Any creditors with a stake in the estate should also be informed
Taking asset inventory - The executor would have to conduct a full inventory of the decedent’s assets and have them appraised to determine the current value.
Paying off creditors - Any debt the decedent incurred and had not been paid off completely while they were still alive has to be settled by the estate including any income or property taxes, mortgage payments, etc. Should the estate not have enough money to pay the debt, some assets may need to be liquidated to make up the balance.
Distributing the remaining assets to beneficiaries - If there are any assets remaining after paying off creditors, the estate’s beneficiaries or distributees will be served with a citation. This citation informs the distributees that the Surrogate’s Court will have the power to decide about the distributees’ rights when discussing the matters of the estate. The distributee can either sign a waiver agreeing to give up their rights and consent to the appointed Executor or challenge the appointment in court.

The probate process is governed by the New York Surrogate’s Court Procedure Act. The rights of the stakeholders and the authorities given to the Court and the Executor to act on behalf of the decedent are protected under the Estates, Powers & Trusts Law of New York.

The New York probate process and the administration proceedings are complicated legal procedures. If you have been appointed as the Executor of a loved one’s estate, you may need the help of an experienced New York estate probate lawyer. An attorney can guide you through the probate process. If you are a beneficiary, having the help of an estate probate lawyer can help make sure that your rights are protected and that the Executor is not abusing their power.

At Sishodia PLLC, our skilled New York estate probate lawyers work hard to assist clients in navigating the probate process in NY. Our attorneys provide experienced legal advice and can represent your interests.

Call us today at (833) 616-4646 to schedule a consultation and to learn more about how we can help you.

Steps of the Probate Process	Description
Filing the petition	To initiate the probate process, the assigned executor of the Will should file the original Will, certified copy of death certificate, and necessary documents in Surrogate’s Court of the county where the decedent lived. Pay filing fee based on estate value.
Sending the notice	Notify decedent’s beneficiaries, heirs, and creditors with a stake in the estate about the probate petition to ensure legal stakeholders are informed.
Taking asset inventory	Conduct a full inventory of the decedent’s assets and have them appraised to determine the current value.
Paying off creditors	Settle any outstanding debts of the deceased from the estate, including income or property taxes, mortgage payments, etc. Liquidate assets if necessary to cover debts.
Distributing remaining assets	After settling debts, the estate’s beneficiaries or distributees will be served with a citation. This citation informs the distributees that the Surrogate’s Court will have the power to decide about the distributees’ rights when discussing the matters of the estate. The distributee can either waive their rights and consent to the Executor or contest the appointment in court.

What Happens if a Person Dies Without a Will?

Dying without a Will is legally referred to as dying intestate. Each state has its own process of determining the beneficiaries if a person dies without a Will. In New York, instead of undergoing the probate process, an administration proceeding will be held and the court will appoint an administrator for the decedent’s estate. The court-appointed administrator (who can be a family member) essentially acts in the capacity of an Executor if the decedent had died with a Will.

While dying intestate still allows the family of the decedent to receive parts of the estate, the way the estate is distributed is completely dependent on New York’s intestacy laws. If the decedent does not have family that can be found using genealogy services, their estate will pass to the ownership of the State of New York.

If you would like to have a charity or organization, your grandchildren, an ex-spouse, or extended family inherit part of your estate, it may be difficult to do so without a Will. In multiple-household families, kinship hearings are not unheard of. Family members may need to prove they are related to the deceased to inherit. After the death of a loved one, having to prove kinship can cause additional emotional trauma and stress to the family. To avoid additional heartache and hassle, it is important to consult an experienced New York estate planning attorney.

Client Focused. Results Driven.

Schedule a free consultation today

Comprehensive Estate Administration Process by Top Probate Attorneys in New York

Are you seeking a smooth and efficient estate administration process in New York?

Our experienced probate attorneys are here to guide you through every step, ensuring compliance, transparency, and timely resolution.

Here’s a detailed overview of our administration process:

Preparing and Filing Petitions for Administration /Temporary Administration: - Our first step is to meticulously prepare and file the necessary petitions, whether for administration or temporary administration, ensuring a strong legal foundation from the start.
Collecting Waivers and Consents: - We prioritize obtaining waivers and consents from next of kin, expediting the process and avoiding unnecessary delays by promptly filing these crucial documents with the court.
Filing Citation for Court Approval: - In cases where obtaining waivers is challenging, we take proactive steps by filing citations for court approval, ensuring compliance and legal validity throughout the administration process.
Creating a List of Assets: - Our team carefully creates a comprehensive list of assets belonging to the estate, including real estate, financial accounts, investments, personal property, and more, facilitating transparent asset distribution.
Notifying Interested Parties: - Clear communication holds utmost importance. We diligently inform all interested parties, including beneficiaries and creditors, ensuring transparency and compliance with legal requirements.
Settling Debts and Taxes: - Our attorneys meticulously handle the settlement of outstanding debts and taxes associated with the estate, ensuring compliance and protecting the interests of the estate and beneficiaries.
Distributing Assets: - We distribute assets thoroughly following legal protocols, adhering to the decedent's wishes or applicable laws to ensure a fair and equitable distribution process.
Closing Estate: - We complete the process by formally closing the estate, filing required documentation, resolving remaining matters, and providing you with comprehensive closure and peace of mind.

Is There Monetary Compensation to Administrators and Executors in New York?

In New York, administrators and executors are entitled to reasonable compensation for their services, as determined by the New York Surrogate’s Court Procedure Act (SCPA). The fees are calculated on a sliding scale, ensuring fair compensation for the responsibilities undertaken during estate administration.

Why Should You Enlist the Help of an Experienced Attorney for Probate or Administration?

The answer lies in our experience and efficiency. Our attorneys navigate complex legal processes, mitigate risks, ensure compliance with laws, and streamline the administration process, ultimately saving you time, effort, and potential legal complications. With our guidance, you can confidently navigate estate administration, knowing that your interests and the integrity of the estate are in capable hands. You are not alone, as we are happy to assist you. Contact us today to learn more about our comprehensive estate administration services and how we can help you in New York.

We are here to help

Schedule a free consultation today

How Does Ancillary Probate Work in New York?

Ancillary probate is a secondary legal process that complements the primary probate proceeding. It is required when a deceased person (the decedent) owned property outside their home state. The primary probate court lacks jurisdiction over such out-of-state assets, necessitating ancillary probate.

“Ancillary” means providing essential support to the primary functions of an entity. In the context of probate, it refers to a supportive legal procedure that deals with assets not covered by the main probate. While ancillary probate commonly deals with real estate, it can encompass other assets like vehicles, boats, aircraft, or rights to resources such as oil, gas, or minerals.

By addressing out-of-state property, ancillary probate ensures comprehensive settlement of an estate, complying with legal requirements across various jurisdictions.

Ancillary Probate and Administration for the Deceased Who Were Not Domiciled in New York State, but Have Assets in New York.

To ensure a smooth estate process in New York, it’s crucial to have either a US citizen or a non-US citizen residing in New York act as the estate representative, such as an executor or administrator. If the representative is a non-domiciliary alien, they need to appoint a co-representative who is a New York resident. This involves filing a petition with the New York Surrogate’s Court and listing the estate assets in the state and the beneficiaries.

The petition must include authenticated copies of the Will, any probate-related documents, and, if applicable, documents from the foreign jurisdiction. If these documents are in a foreign language, such as Italian from Italy, French from France, or Portuguese from Brazil, they must be accompanied by certified English translations.

The court reviews these documents and issues ancillary letters testamentary or ancillary letters of administration to the non-domiciliary representative. This person then gathers the estate’s assets, settles debts, files tax returns, and prepares for distribution to beneficiaries.

To transfer New York property to beneficiaries, all these legal steps must be followed diligently. Hiring an experienced probate attorney, especially one familiar with international estate matters, is highly recommended to navigate this process efficiently and effectively.

At Sishodia PLLC, our skilled New York estate planning attorneys are ready to help you with probate or administration of your will or ancillary probate proceedings.

Call our office today at (833) 616-4646 to learn more about our comprehensive estate probate and administration services and how we can assist you in New York.

Working With a Skilled New York Probate Attorney

A New York estate probate lawyer can have a wide range of responsibilities. An attorney can assist from helping the testator plan their estate and create their Will to acting as an Executor for the estate. An attorney can also inform the various stakeholders involved of their rights and responsibilities and help the probate process run smoothly.

Create Trusts and Wills To Protect Your Assets

Some estate planning tools can allow a person to transfer their property to their chosen beneficiaries and skip the probate process entirely. Depending on your financial profile and the assets you have, an attorney can use a variety of available estate planning tools to allow your property to be passed onto your beneficiaries with minimal hassle. Some tools also allow the avoidance of estate taxes being imposed on your assets, allowing your beneficiaries to receive a larger amount.

Assist an Executor in the New York Probate Court

Being assigned as the Executor of an estate carries a lot of responsibility which can be overwhelming, especially for someone who has recently lost a loved one. A skilled New York probate attorney can assist the Executor in their duties and prepare the necessary documents to submit to the court, as well as file the notice to the stakeholders about probate.

An experienced lawyer can also guide the Executor on how to proceed with their newfound responsibilities such as filing taxes on behalf of the estate, paying income taxes on any trusts, and making sure that the asset distribution proceeds without issues. With the help of an attorney, determining the validity of claims against the estate and defending the estate against contests can also be easier. It is the job of a New York estate probate lawyer to help the Executor conduct their duties in a way that honors the Will.

SEARCHING REAL ESTATE LAWYER?

Schedule a free consultation today

Get the Help of Experienced New York Estate Probate Lawyers From Sishodia PLLC Today

Probate is a complicated legal process. It is the responsibility of a skilled New York estate probate lawyer to assist in making the process more efficient for everyone involved to allow the decedent’s loved ones to move forward with their lives.

At Sishodia PLLC, our practice is dedicated to providing quality legal services to our clients. We believe that helping to ensure that a decedent’s Will is validated and that their estate is distributed to their rightful heirs is a part of honoring the decedent’s legacy. Our team of experienced New York estate probate lawyers is here to help. We serve all the five boroughs in New York.

Call our office today at (833) 616-4646 to schedule a free consultation with one of our top-rated lawyers.

Schedule a Free Consultation