Table of Contents

Is Probate Required if There is a Will?
When is Probate Necessary in New York?
Best Estate Planning Lawyers in Brooklyn: Why it is important?
Do I need an Estate Plan?
Pros & Cons of Revocable Trust
Estate Planning for a Married Couple: How to do it?
Estate Planning for Business: Why it is Important?
What is Estate Planning?
What does an Estate Plan include?
Is Estate Planning only for the Wealthy?
Estate Planning for Singles: Widowed, Divorced, and Never Married!
Estate Planning for Pets: Why it is important?
Estate Planning for Children: How to do it right?
Estate Planning Checklist: Important Guidelines & Details!
Estate Planning for Business: Why it is Important?
What Is Estate Planning?
What Does an Estate Plan Include?
Is Estate Planning Only For the Wealthy?
Estate Planning for Pets: Why You Need To Do It?
Estate Planning for Children
Estate Planning for Singles
Estate Planning Tips for A Married Couple
Do I Need an Estate Plan?
Estate Planning for Business
Estate Planning Lawyer
Periodontal Disease – You Might Have it and Not Even Know It
Why Hire a Professional Web Development Company
Home Theater Installation NY: Basic Advice is Offered
Cosmetic Dentistry – Powerful Technology Can Give You Your Best Smile
Learn How Dental Implants Could Help Your Dental Health
Periodontal Disease – You Might Have it and Not Even Know It
Kids Teeth Flossing: 5 Top Parents Questions
Tongue Tie Treatment – Pediatric Dentistry Brooklyn
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Thumb Sucking: Break the Unhealthy Dental Habit
Smile Makeover- a Fabulous Smile That All Will Envy
Oral Sedation Dentistry for Your Child
Child’s First Dental Visit: What Can You Expect
What Is Pulpitis and How It Is Treated?
Too High Filling: Why It Is Important to Correct
Top 3 Reasons You Shouldn’t Fear Root Canal Therapy
Cosmetic Dentistry- Powerful Technology Can Give You Your Best Smile
Best Option–Zoom Whitening in Brooklyn
Looking After Your Kid’s Primary Teeth
Teeth Whitening – an Incredible Look That’s Effective and Safe
Types of Toothbrush Bristles To Know for Better Dental Hygiene
Dental Implants – Today’s Long-Term Solution of Replacing Missing Teeth
Don’t Let One Missing Tooth Damage the Rest of Your Mouth
Don’t Let One Missing Tooth Damage the Rest of Your Mouth. Dental Implants
Happy Dental Visit in Brooklyn: Child’s Experience
Have You Heard About One-Visit Dental Crown?
Have You Heard About One – Visit Dental Crown?
Invisalign Teen Could Help Your Kid in Brooklyn
Teeth Whitening Treatment: Whiter Smile in Just One Hour
Professional Teeth Whitening for Safe and Effective Results
Crooked Teeth? How We Can Help You
Crooked Teeth? How We Can Help You Invisalign
Learn How Dental Implants Could Help Your Dental Health
Is a Dental Implant Treatment Better Than a Bridge?

One of the most common questions that people tend to have after the passing of a loved one is, do we need to probate the estate? We all know that the probate process begins when a will is submitted to the court regarding the payment of bills and taxes along with the transferring of the estate to the beneficiaries and the heirs. Well, with the probating of a New York will, the heirs and beneficiaries will be able to ensure that they have the legal right to the property of the deceased as mentioned in the last will and testament that that was created by the deceased.

In a city like New York, there are some things that people need to know about the Probate process in order to make sure that the process goes smoothly. So, here we are going to provide you with some answers.

When Is Probate necessary in New York?

To be honest, every single state has a different rule for the Probate process. In the case of New York, Probate is essential when the person owning the estate has deceased and the executor has provided a will to court along with other important documents that would support the determination of the estate and the division of it as well. With the help of the Probate process, the estate and all the assets of the deceased which remain after paying for the funeral expenses, taxes and bills will be divided amongst the people who are considered to be the beneficiaries and the heirs.

Steps of the Probate Process

In order to understand the importance of Probate in New York, it is important for people to understand how the entire thing works. So, here we are going to provide you with some steps so that you can have a better idea of what you’re in for.

Step 1

After obtaining the death certificate of the person who is deceased, the executor will be able to start the process by submitting the will to the court. The beneficiaries will be notified about the will and testament and also about the process. At this point in time all potential heirs/beneficiaries will have the opportunity to review the last wishes of the deceased to determine whether or not they seem true to their nature or are part of a family members attempt to produce a fake Will for their own benefit. If you believe there is any foul play at this point in time you will be able to contest the Will and raise any issues.

Step 2

The creditors are informed about the estate of the deceased person and they can make their claims that the executor will be paying from the assets of the person who is deceased. This might also permit the personal administrator or the executor to make sure that they can sell the assets in order to provide for the claims that have been made by the creditors. After paying all the bills and the expenses along with the claims of the creditors, the property which is remaining will be divided into parts and provided to the beneficiaries and the heirs of the property as stated in the Will be the deceased.

Conclusion

In the state of New York Probate is only necessary when someone passes with a last will and testament in place. Probate at times is confused with an administrative proceeding which is similar in process but only takes place when someone passes without a will or trust in place. Probate can be avoided by setting up a trust and moving all assets into the trust during your life time. To speak with an experience lawyer about probating a loved one’s estate or about creating an estate plan in order to avoid probate call our office today.