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How does the New York probate process work?
Just to give you an idea on how the New York probate process works, here is a sample timeline: During the first month, the decedent’s will is located and then read to the heirs. The will determines who the decedent designated as the personal representative or executor of the estate and how the assets get distributed.
When is probate not necessary in New York?
Typically, that entails going through the legal process known as probate. When is probate not necessary in New York though? If the estate qualifies, you may be able to forego the often lengthy and costly probate process. Probate is the legal process that is often required following the death of an individual.
How do I contact a New York probate attorney?
If you have additional questions or concerns regarding the probate process in New York, contact the New York probate attorneys at the Law Offices of Kobrick & Moccia by calling 800-295-1917 to schedule your appointment.
How does the executor of an estate file a will in NY?
The executor of the estate hires a probate lawyer in NY to help with the estate administration, legal and tax matters. The attorney for the estate or the executor will need to obtain a certified copy of the death certificate which gets filed together with the original will and probate petition with the New York Surrogate’s Court.
What are non-probate assets in New York?
Non-probate assets include: Probate may not be necessary if: The estate is small. In New York, a small estate or voluntary administration proceeding can be filed as an alternative to probate if the decedent had less than $30,000 of personal property either with or without a will. There are no probate assets.
What is a small estate in New York State?
In New York, a small estate or voluntary administration proceeding can be filed as an alternative to probate if the decedent had less than $30,000 of personal property either with or without a will. There are no probate assets. If a person’s estate consists solely of non-probate assets, there is no need for the probate process.
What is a citation in New York probate court?
They are served with a notice, formally called a citation, that requires them to submit to the jurisdiction of the Surrogate’s Court. The precise rules governing probate in New York are set forth in the Surrogate’s Court Procedure Act (SCPA) and the Estates Powers and Trust Law (EPTL).