Brooklyn, NY probate issues are likely to raise a lot of questions. A probate case is a situation in which you need to know what to do and what to expect.
Probate – What Is It?
After a person passes away, their estate is distributed through probate. When there is a will in place, the probate process is generally much smoother than without.
As part of the will process, assets are distributed to the intended beneficiaries according to the terms of the will. It is the state laws that determine how the deceased’s property will be distributed when there is no will. New York laws will govern the probate process in Brooklyn, NY. You can find more information at jwagnerlegal.com.
During the administration of the estate, probate issues may arise, so proper estate planning needs to take these concerns into account.
What Is The Probate Process In Brooklyn, New York?
The course of probate differs depending on whether a will exists. As the representative of the estate, the executor is named in most wills. An administrator will be appointed by the probate court if there is no will.
Executors and administrators file probate petitions at the court along with a copy of the deceased’s will and a death certificate to begin the probate process. Once the will (if there is one) has been verified in court, the terms of the will can be carried out. In the following step, the estate is used to pay off outstanding taxes, debts, and other expenses. In accordance with the terms of the will, the estate is distributed to the beneficiaries after these steps are completed.
Probate Thresholds In Brooklyn, New York
Small estates are eligible for simplified probate procedures under New York law. The following requirements must be met in order to qualify as a small estate in New York:
During the decedent’s lifetime, the decedent owned no more than $50,000 in property owned exclusively by him (jointly owned property has no value).
How Do I Find The Nearest Probate Court To Brooklyn, New York?
Estate distributions and will contests are handled by probate courts, which are specialized courts. In some jurisdictions, these courts are known as the Surrogate’s Court, the Orphan’s Court, or the Chancery Court.
Surrogate’s Courts are found in New York, and probate proceedings are conducted in the county where the decedent lived at the time of death. Locating the appropriate Surrogate’s Court can be done on the New York State Unified Court System website.
The following article provides information about local probate courts. If the relevant county is not the “nearest” court to you, the probate court determined by that county will apply.
The Process Of Probate Fees
The costs of probate vary greatly from case to case since there are several types of fees involved. The following fees are typical in Brooklyn, NY:
Do I Need To Hire A Local Probate Lawyer?
You should first decide whether you need a probate lawyer near Brooklyn, NY before hiring one.
If you are thinking about hiring a probate attorney, here are a few factors to consider:
- Larger Estates: Generally, larger estates are more complex and can pose more complications during the probate process. It is possible to reduce the costs and time of estate settlement by working with an experienced probate lawyer.
- Complicated Assets: While some assets are straightforward to probate, others may require more attention and time. These assets can be more efficiently managed, appraised, and sold with the help of a probate attorney.
- Disputes: The probate process can be prolonged by contesting wills. Lawyers can assist in settling this dispute or, if necessary, provide a legal defense to protect the original terms of the will if a dispute arises.
There is no requirement that you hire a probate attorney near you if you need one. As a matter of fact, the laws governing probate are governed by the state. Despite this, it may still be beneficial to hire an attorney who is familiar with the local courts and judges in Brooklyn, NY.
