Probate Attorney New York

Probate is a process of estate settlement in court. It is a process in which a will is proved in a law court to see if they are valid and true enough to be approved and implemented. Probate follows a legal process where your estate plans or last Will is verified in a probate court, before distribution of your assets and properties according to the will.

Probate Of Will And Estate Property

When you pass away, your family is faced with the challenge of managing and sharing your assets among themselves. This is a delicate, emotional and trying time, when they will be faced with a lot of decisions to make. Leaving them without a Will–a valid one–will make things even more difficult for them. Probate in itself is the legal process of determining the validity of a will before its contents are carried out. Not all Wills are valid. For instance, a Will valid in one state may be invalid in another state, and this is why you need a probate lawyer.

Last will are always faced with probate before they can be implemented. A will may be contested. When one or more parties feel that the deceased was forced into signing the will, or that they are being cheated out of their inheritance, such party may issue out a petition of contest of will. Thus, increasing the probate process.

In a case where you pass away without a written will, the Surrogate’s court will pass a judgment of estate administration. Estate administration which is backed by laws of intestacy, is done in a case where there is no valid Last Will of the deceased. The estate will then be distributed among the family and relatives according to these intestate laws, and this will see the estate being distributed against the wishes of the beneficiaries. Intestate Laws vary across different states.