As your Bronx probate lawyers will explain, there are a number of benefits and disadvantages to the New York probate process. The following article explores both sides of this often-misunderstood process as well as the various ways to avoid probate if that is a priority for your estate plan. For additional help with the estate planning process or to speak with a highly experienced New York estate planning attorney, we encourage you to contact attorney Evan Rogers as soon as possible.
Advantages of the Probate Process
In New York, the probate process is handled by the Surrogate’s Court in the county wherein the decedent passed away. If the decedent had a modest estate (valued at less than $30,000), the individual named as executor must file both the decedent’s will and a Probate Petition triggering the first and perhaps most important benefit to the probate process: validity of the will.
Under New York law, a will is only valid if it meets the specific requirements set forth in the New York code. By admitting the will to probate, the Surrogate’s Court will be able to determine if there are any issues with the testator’s signature or the number of witnesses required. Moreover, any next-of-kin or beneficiaries with an objection to the will can raise their claims within the Surrogate’s Court, which would not be possible if the entire estate were to pass outside the confines of the probate process.
Benefits of Avoiding Probate
The probate process is lengthy, expensive and may become burdensome for the individual named as executor. Not only must the executor respond to and participate in claims made against the estate but he must arrange for the distribution of property in accordance with the testator’s wishes, which is not always a positive and cheerful family experience.
If you wish to avoid the probate process, our Bronx probate lawyers can help you properly set up your estate using a revocable living trust and pour-over will, which are two documents that allow property to pass immediately to your beneficiaries upon death alleviating the need for a time-intensive probate process.
Contact Our Bronx Probate Attorneys Today
If you are interested in implementing a probate-avoidance plan or have more questions about the New York probate process, please contact attorney Evan Rogers right away. With just a few simple documents, your loved ones can avoid the cost, time-commitment and emotional investment of the New York probate procedures. For more information, please call 718-994-1640 today.