Probate is the judicial acceptance or validation of the Last Will of a person who had recently died, by the court of law. The first step that one should take to understand Probate in Queens is to hire an established Queens Probate Lawyer.
The inheritors of the property cannot utilize these assets to their full capacity until the probate hearings finish. The court sees to the proper distribution and administration of the deceased’s assets. Presently due to the pandemic situation, the work process in Surrogate’s Court is a bit late, and all petitions processes are going online.
Do you know about these essential terms?
Descendant is the individual who has died recently.
Estate is the property and assets of the dead person.
Beneficiaries: persons mentioned in descendant’s Will to inherit the descendant’s properties.
Queens Probate Lawyer Process in Queens
A person can die without the last Will or with Will mentioning the names of the beneficiaries nominated by him. If the deceased dies with the last testament, it must be filed in the Surrogate’s Court by the executor. Once the executor follows the entire New York Probate Process and the Will is judicially validated, he/she gets the authority to administer the estate.
The court also assigns the executor to distribute the assets amongst all the beneficiaries mentioned in the Will. He/she also needs to pay all the taxes, debts, and bills of the descendant.
In case there are chances for a Will Contest, all the beneficiaries are not available, or the probate does not file immediately after the death of a descendant the court can take preliminary actions accordingly.
Surrogate’s Court Procedure Act (SCPA)
SCPA has a complete guideline to the probate process, explains the necessary documentation, terms, and conditions for probate proceedings and definitions of related terminology. It also gives the proceedings’ cost to be paid and rules for proper management of the descendant’s assets.
Estates Powers and Trust Law (EPTL)
EPTL gives specific duties, responsibilities, and powers of an executor of the estate with the requirements for the validation of the Will. It mentions the testimony process, the witnesses of the Will and the process for seeking letters for the administration of the property and norms for Trusts and Trustees.
Probate Assets
Probate assets are those who are only in the name of the deceased person, and there is no joint owner or beneficiaries. Therefore, the property cannot pass on to any person without Court proceedings.
Examples of such assets include individual bank accounts, savings, cars, cash, houses (no joint property), electronic devices, and jewelry assets.
Non-Probate Assets
Such assets are those who are jointly owned or insurance with a beneficiary. Trust assets are also Non-Probate. These assets can pass on to the beneficiary without legal intervention.
Probate Process when someone dies without a Will
The Surrogate’s Court immediately takes over the proceedings if someone dies without a Will. It’s the judiciary who decides on who will take over the assets of the deceased. Here you might need legal advice from a Queens Probate Lawyer to know about further process. These cases are much simpler and require fewer proceedings.
Probate Process through Queens probate when someone lawyer dies with a Will
The executor nominated as the beneficiary by the deceased should file the probate. The petition filed by the executor should contain a descendant’s information, death date, and funeral process. He/she should also submit names and contacts of people who might have benefited from the property if the defendant had not created the Will, names, and contact of beneficiaries mentioned in the Will and detailed identification of the assets with their valuation.
Giving notice to Beneficiaries and next Kins of the Descendant
It is essential to gain the support of all beneficiaries and next Kins in favor of the petitioner and Will. The thing that can be done is making them sign a waiver to gain their consent.
Many can file objections as a result of ugly family disputes and result in a Will Contest. Hence consult a Queens Probate Lawyer to avoid such issues and get all necessary documents for a hassle-free process.
Costs Related to Probate Proceedings
The SCPA provides the fee structure and mentions the rate per letter after issuing letters. The probate lawyers and attorneys generally charge on an hourly basis. Costs may increase for more complex cases.
Conclusion
The simple probate cases take about 15 months to end. But the time entirely depends upon the complexity of the case, like if there Will Contests, naturally, the time will exceed drastically. Hence for fast and easy Court proceedings, hire a reputed Queens Probate Lawyer who can get you through this without stress or tension.
