Losing a loved one is a painful thing, and it is normal to feel overwhelmed by having to deal with admin and paperwork at such a difficult time. If there is a will, inheritance is not automatic or even particularly fast, and the will has to go through probate.
This process is all very familiar to our experienced attorneys, and we can do what we can to make this process as straightforward and painless as it can be.
Executing a Will
When you make a will, you have to name an executor who is legally responsible for the estate and to carry out the instructions in the will. If you have been named executor, we can guide you through all the steps of executing an estate, including going through probate.
Probate
Probate is the court process in which the will is approved and the estate distributed according to its terms. In New York, if an estate is valued under a certain amount, it will go through a slightly more straightforward small estate proceeding. Otherwise, it must go through a probate proceeding.
The Probate Proceedings
After someone passes away in New York, the executor must file a petition for a probate proceeding along with the original will at the Surrogate Court. This must be the Surrogate Court in the particular New York county where the deceased person lived. Ahead of the probate proceeding, the court will notify beneficiaries named in the will and anyone else who would be entitled to inherit should the will be invalid.
At the probate proceeding, a judge can approve the terms of the will. After that, the executor must pay off any outstanding debts. They can then distribute assets, property, and possessions, including any intellectual property and business assets, according to the terms of the will.
From our offices in the heart of Manhattan, on 110 East 59th Street, we can guide you through the probate process from start to finish. At this difficult time, you can rest assured that you will be in the experienced, professional hands of Mykyta Law firm.
Please call our office to schedule a free consultation with a knowledgeable attorney. Call us today at (646) 884-3319.
For more on probate law, see our blog.