How long does the probate process take in New York? Clients often ask me this important question. The answer is - approximately between 4 and 12 months. A lot depends on how complex your case is - how many beneficiaries there are in the will, whether there are any distributees (closest blood relatives) who did not receive anything under the will, whether any of the above persons reside in foreign countries, whether there are children from prior marriages...And what happens if the nominated executor of the will is predeceased? or what happens with the property or money of the beneficiary who is predeceased? What if some or all property is left to charitable organizations? And most importantly, is your probate process likely to be contested?
These and many other factors determine the length and cost of the probate.
For example, in one case two brothers were nominated as co-executors of their mother's will, but when their mother died, they could not agree on anything - from the details of the funeral arrangements to distribution of the money and whether to sell the apartment of the deceased mother even before the will was submitted to probate. And it was necessary to notify their step-sister who lived in France that her mother's will was being filed in New York surrogate's court. In addition, the original will had staple marks on its face, which means that someone unstapled it and then re-stapled again. In such a case, courts require sworn affidavits from persons with knowledge to prove that the will is original and that it has not been tempered with. In this case, we had to prepare a lot of affidavits, notices and other documentation in order to prepare and file with the court a successful probate petition.
Our legal experience helps us prepare successful probate petitions and all the required supporting documents pertaining to each client's situation, and receive Letters Testamentary in an efficient manner. We then provide guidance to our clients with respect to the next steps of collecting the estate's assets and closing the estate.
If you need an attorney who will help you with submitting a will to probate and will "hold your hand" through the entire process, contact Mykyta Law today.