Read this blog and speak with an experienced estate planning attorney to learn more about the process of probate:
What is probate?
Probate functions to determine the validity of a will. Once the court establishes that the will in question is the official Last Will and Testament, the chosen Executor of the estate will be able to take action needed to close the estate. This may include collecting and preserving assets, paying debts, and allocating assets.
What to know about filing a will for probate
In order to begin the process, the Executor will file the will for probate with the Surrogate’s Court in the county where the deceased resided. The Executor will need a number of important documents, which may include the death certificate, probate petition with the Executor’s identification, and a list of beneficiaries. The heirs should be served with a citation establishing the court’s jurisdiction and notifying them of the executor and his or her actions on behalf of the estate.
How do you close an estate?
An executor’s responsibilities include collecting and preserving assets, paying estate taxes and debts, allocating assets to beneficiaries, and providing a detailed accounting to the court. Once complete and the beneficiaries sign off that the Executor satisfied his or her fiduciary obligation, the estate can be closed.
Contesting a will
If you believe that a will is invalid, it may be contested. Some reasons to challenge a will include, but are not limited to:
- Undue influence
- Lack of capacity
- Invalid execution
- Fraudulence or forgery
If you have any questions about the process of probate in New York, reach out to our firm today. We are here to walk you through the process every step of the way. Contact us to speak with an experienced and dedicated estate planning attorney.
Contact Our Firm
Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.