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.

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It’s always better to take help then be confused and spend extra money. We have everything you need to know about the more straightforward probate process, which can be achieved by following these five easy steps. This guideline can be a perfect assistant for you to start.

Step 1 – Probate Queens Lawyer Keeps All Documentation Ready.

There are some documents you need to keep handy to file the Probate as fast as possible. The primary documents include descendant’s Will and their Death Certificate. Even if there is no proper Will, there can be written documents about funeral plans or an obituary. 

All this can be found at the residence of the deceased itself. You can order for certified death certificate copies from the New York State Department of Health. There can also be other documents related to insurances, deeds, trusts, mortgages, bank accounts, and more. Keep all these documents ready for review after the funeral.

Step 2 – Order for Funeral and Locate the Court of Jurisdiction.

Arrange for proper burial rites with the funeral. Inform all the family members and close friends of the deceased. The entire event helps you to consider other relatives’ opinions on how you should proceed with the probate case.

But in case you see, chances of Will Contest or family disputes, directly jump to Step 5. Secondly, locate the Surrogate’s Court in the County of the deceased person. This place is where the documents need to be submitted.

Step 3 – Collect All the Other Paperwork, Necessary Documents, and Recheck them.

The next thing is that you need to submit the petition of Probate with all documents. There should be individual signed ‘Consent to Will’ waivers of each person named as beneficiary or next Kins in the Will. You also need to submit affidavits that will prove the signature on the documents of the deceased.

Submit the claims for Life insurance or other policies also. Do not pay any debts or bills of the deceased without legal advice from a Probate Queens Lawyer. The Will you have should be valid, or else in case of any conflicts, jump to step 5 immediately. The complete list of documents can be found on the New York Court’s website.

Step 4 – Probate Queens Lawyer For Asset Management.

If you are the executor of the Probate, then positively secured the entire property. Identify all your assets and make a list of them with their detailed valuation. Process the mail and make payments to maintain the property or keep the business running. Change locks and do all necessities that are to be done to keep the property correctly running like before.

The assets will include all estates, bank accounts, vehicles, cash, financial accounts, and more. But make sure you do not dispose of, sell your assets or spend the funds of the estate without taking any legal advice. Directly look at Step 5 if there is no Will or you are utterly confused about the next step you should take.

Step 5 – Hire a Reputed Probate Queens Lawyer and get Legal Assistance.

The Probate Queens Lawyer you choose must have enough experience to guide you completely in the probate case. Make sure to take legal advice right from the beginning. Immediately discuss the case with the lawyer if you smell any sorts of conflicts or disputes inside the family or external interferences.

Hence legal help is an essential part of any probate process. Finally, after gathering enough knowledge and legal advice, collect all the required documents, verify them, and submit the probate petition to the court.

Conclusion

There are a few significant disadvantages of any probate case. Firstly, ugly family disagreements can tear apart relations and end up in Court disputes with Will Contests. Secondly, such cases consume massive monetary amounts based on the complexity of the case. And lastly, the time required to get the case sanctioned. Even the simplest of cases take more than a year. Hence the process is time-consuming.

Hence all the above disadvantages can be easily avoided if you take valued advice from a well-known Probate Queens Lawyer. And by following our five simple steps, you will always have lesser headaches regarding any probate case. 

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Probate is a lengthy and costly process that could drag in for many years; therefore, it is always advisable to have non-probate assets which the beneficiaries can access within a short period after death with a death certificate.

The family members of the decedent may not have enough funds to deal with day-to-day expenses as the accounts of the decedent may be locked during the probate process, therefore not proceeding to probate court is a better option for the family.

Non-probate may appear to be an excellent option to avoid the costly probate process. However, it would help if you were careful. There may be specific individuals like beneficiaries you dislike or creditors who could gain access to your assets without you intending they get it.

An example would be ownership of a joint bank with your son, you have two children, and you want both of them to inherit your property. Still, your son inherits the entire account after your death, and he will not be legally obligated to divide the money in the account with his brother.

Therefore, assets need to be classified as non-probate only after obtaining a full understanding of who will inherit them.

A Probate Lawyer Near Me Lists Various Non-Probate Assets

There are certain assets which are listed below that can skip the probate process, if the assets listed below are divided before death, it saves the family members a lot of time and money in going through the probate process, and allows them to have access to funds to help with the funeral process.

Probate Lawyer Near Me For Accounts: 

Certain accounts, like bank accounts and health-saving accounts, are non-probate. They can be transferred directly to the beneficiary since the account holder had already named a nominee before death. If the nominee dies before the primary account holder, the asset will go through to probate. 

Probate Lawyer Near Me For Joint Ownership: 

Assets co-owned go to the survivor upon the death of one of the owners, the assets do not undergo probate. The surviving gets complete control of the assets and do whatever they please with them, therefore it is essential to nominate someone trustworthy as a co-owner.

Trusts: 

Another way for assets to avoid probate is to set up a trust and add all your assets to it; namely, a living trust will help avoid probate. You need to keep in mind that trust needs to be funded and valid. If not then the assets will end up going through probate. You can consult a Probate Lawyer near me to help with the trust setup.

Policies:

Assets like life insurance and IRA’s which have a beneficiary’s name attached to it will not go through probate. They are owned through contract right and are payable to the appointed nominee only. But if the appointed nominee dies before the policyholder then the asset will go through probate.

Probate Lawyer Near Me For Pension Plans: 

Certain jobs pay the employee even after they have stopped working, this is called pension which is added to a pension account, the account holder can nominate a beneficiary to avail all the money in that account and give total control of the account to them.

Probate Lawyer Near Me For Wages due: 

Certain jobs allow an employee in active service to nominate a beneficiary to receive an unpaid wage, these assets do not go to probate as the nominee is decided predecease, but if the nominee dies before the job holder then the asset will go to probate court.

Vehicles: 

You can add a beneficiary before death while purchasing a vehicle; this will help ensure only on death the custody of the vehicle goes to the named beneficiary.

Gifts: 

Giving away partial property or sometimes even the entire property can be smart to avoid probate as gifts are not considered in the probate process. It is advisable to contact a Probate Lawyer near me to help divide the assets and classify them as gifts.

Contact A Probate Lawyer Near Me To Help Classify Non-Probate Assets

As mentioned before, the probate process can be very lengthy and daunting, and it may cause the family members who are already in a state of mourning to feel helpless, to help with the process and simplify things contact a Probate Lawyer near me they are well versed with the entire process. They can help make the steps involved very simple.

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