Rockland County Probate Lawyer

When someone passes away, the legal and financial responsibilities that follow can become difficult for his or her loved ones to manage, especially if they are already dealing with the emotional impact of the loss. Unfortunately, many families are not entirely sure what probate is, whether it is required, or what they are expected to do once a will is located. If you were named as the executor of an estate, or if you are a beneficiary who has questions about the probate process, a lawyer from our firm is here to help you. Contact a knowledgeable and experienced Rockland County estate lawyer from Law Office of Peter A. Hurwitz, PLLC to learn more about how the probate process works in New York and how our legal team can guide you through it.

What Is Probate in New York?

Simply put, probate is the legal process through which the New York Surrogate’s Court determines whether a deceased person’s last will and testament is valid. Once the will has been accepted by the court, the person named as executor can be formally appointed and given the authority necessary to handle the estate.

The court provides this authority by issuing Letters Testamentary. These documents allow the executor to access estate accounts, collect property, pay valid debts, file certain tax documents, and eventually distribute assets to the beneficiaries named in the will. Generally, the probate process serves several primary purposes, including the following:

• Determining whether the will is legally valid
• Formally appointing the executor
• Identifying and valuing the deceased person’s assets
• Addressing debts, taxes, and estate expenses
• Distributing the remaining property to beneficiaries

You should note that probate and estate administration are not exactly the same. If a person dies with a valid will, the estate will generally be handled through probate. However, if someone dies without a will, which is also known as dying intestate, the estate will typically be handled through an administration proceeding, and New York’s intestacy laws will determine who is entitled to inherit.

What Assets Go Through Probate in New York?

Not every asset owned by a deceased person will necessarily have to go through probate; whether property becomes part of the probate estate will primarily depend on how the asset was titled, whether it was jointly owned, and whether a beneficiary was already named. Some assets that commonly go through probate in New York are as follows:

• Real estate titled solely in the deceased person’s name
• Bank accounts without a joint owner or payable-on-death beneficiary
• Vehicles owned only by the deceased
• Stocks and investment accounts without transfer-on-death designations
• Personal property, such as jewelry, furniture, artwork, and collectibles
• Business interests held solely in the deceased person’s name

That being said, certain assets can generally pass directly to another person without going through probate. Some common examples of non-probate assets are as follows:

• Jointly owned property with rights of survivorship
• Life insurance policies with valid beneficiary designations
• Retirement accounts with named beneficiaries
• Payable-on-death bank accounts
• Transfer-on-death investment accounts
• Property held in a properly created and funded trust

What Happens During Probate in New York?

There are several steps involved in the New York probate process. Though every estate is different, most probate matters will proceed in the following general order.

1. Locate the will and gather the required documents: First, the original will must be located, along with a certified copy of the death certificate and information concerning the deceased person’s family members, beneficiaries, and assets.
2. File a probate petition: The nominated executor will then file a probate petition with the Surrogate’s Court in the county where the deceased person lived. For Rockland County residents, the matter will generally be filed with the Rockland County Surrogate’s Court.
3. Notify interested parties: The deceased person’s legal heirs and other interested parties must be notified of the proceeding. Depending on the circumstances, these individuals may sign waivers and consents, or they may be formally served with a citation issued by the court.
4. Address any objections to the will: If someone believes the will is invalid, he or she may challenge it. A will contest may involve allegations that the deceased person lacked testamentary capacity, was subjected to undue influence, signed the will improperly, or was the victim of fraud.
5. Obtain Letters Testamentary: Once the court accepts the will and approves the executor, it will issue Letters Testamentary. At this point, the executor can legally begin managing the estate.
6. Identify, collect, and value estate assets: The executor must locate the deceased person’s property, safeguard it, determine its value, and maintain accurate records. This may include closing accounts, securing real estate, obtaining appraisals, or selling certain property when appropriate.
7. Pay debts, expenses, and taxes: Before beneficiaries receive their inheritances, the executor must address valid creditor claims, funeral costs, administrative expenses, and any taxes owed by the estate. Distributing property too early can create serious problems and may, in some cases, expose the executor to personal liability.
8. Distribute the remaining estate: Once the estate’s lawful obligations have been satisfied, the executor can distribute the remaining property according to the terms of the will. Beneficiaries are often asked to sign receipts and releases confirming that they received their distributions.
9. Close the estate: Finally, the executor must complete any remaining accounting requirements and formally conclude the administration of the estate.

How Long Does Probate Take in New York?

There is no single amount of time that every probate case will take. A relatively simple and uncontested estate may be handled within several months, while an estate involving disputes, real property, tax concerns, missing heirs, or complicated assets may remain open for a year or longer. Some of the main factors that can affect how long it takes to complete the probate process are as follows:

• The size and complexity of the estate
• Whether the original will is available
• Whether beneficiaries and heirs cooperate
• Whether someone contests the will
• The number and type of creditor claims
• Whether real estate must be sold
• Whether the estate owns a business
• Whether estate or income tax issues must be resolved
• The court’s schedule and filing requirements

Contact a Probate Lawyer in Rockland County Today

The truth is, probate can be confusing, especially if you’re someone who has never served as an executor before. That said, you don’t need to handle every court filing, creditor issue, and distribution decision alone. We are here to help. Contact a knowledgeable and experienced Rockland County probate lawyer from the Law Office of Peter A. Hurwitz, PLLC for an initial consultation today so we can discuss your case and guide you through each step of the process ahead.