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Long Island Probate Lawyer

Is Probate Required in New York?

Probate is required in New York for estates. It is the process by which those assets are transferred to the heirs. New York probate laws provide guidance and requirements for how it is accomplished.

Understanding the Probate Process in New York

elderly man signing will​Probate is the procedure in which wills are reviewed for legal viability and the distribution of assets, along with the sorting of any debts or other matters, is administered. If there is any dispute with beneficiaries or the family of deceased over any of the property, assets, or debts, then litigation can occur. Even if a trial isn't necessary, there is often a lot to parse during probate and, in the cases where beneficiaries are not informed or represented, the state may have to decide on any probate issue.

Over the last decade of offering legal representation, our firm has seen just how complex and emotional the New York probate process can get. That is why it is recommended that all will executors or beneficiaries seek legal counsel. The loss of a loved one is always a difficult time, but the resolution of their estate does not have to be. Call The Law Office of Michael J. Brescia, P.C. to speak with a dedicated probate lawyer in Long Island today.

If you need help handling a probate case in New York, reach out to The Law Office of Michael J. Brescia today by calling (631) 386-8767 and requesting a free, confidential consultation.

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How Long Does Probate Take in NY?

Due to creditors can take up to seven months to file claims against an estate in New York, it takes a minimum of eight or nine months to complete the probate of even a relatively modest estate. A more complex and/or valuable estate can easily take well over a year to probate. If you speak with our probate attorneys, we can help you determine what the New York probate timeline may be for your specific situation.

How Long Does Probate Take in NY With no Will?

In New York, probate without a will takes a minimum of eight or nine months to complete the probate of even a relatively modest estate. A more complex and/or valuable estate can easily take well over a year to probate. Not only do beneficiaries have to wait all that time before receiving their intended inheritance, but the monetary costs involved in the probate process can significantly diminish the value of the estate that is ultimately passed down. For the most part, issues related to the probate of an estate are governed by state laws.

What Assets Go Through Probate?

In general, personal property which the decedent solely had their name on at the time of their death would go through the probate process. This typically includes property such as:

  • Vehicles
  • Homes

In some cases, property that is jointly owned with another individual may also need to go through probate. This often includes property.

Some other items that commonly undergo probate but don’t have a specific title of ownership assigned to them include:

  • High value furniture
  • High value appliances
  • High value household items
  • High value personal items

There are a variety of other situations in which other assets would need to undergo probate. In situations like this, our probate attorneys can help you identify those assets and determine whether or not they should be included in the probate proceedings.

Common Complications in the Process

While the probate process is designed to be straight forward, it is often subject to people's agendas. Not everyone is happy with what a will might dictate and challenging its terms and prolonging the probate process is often conflict that can put the entire process in jeopardy.

Common issues during the probate process include:

  • Challenges to the mental capacity of the deceased
  • Undue influence of someone over the deceased person before death
  • Outdated, vague, invalid, or inaccurate wills
  • Property and assets that are no longer available
  • Fraud or duress accusations

    Seek the Representation You Need From a Long Island Probate Lawyer Today

    The list of goals during probate in New York can be long: heirs need to be satisfied, creditors need to be paid, debts must be covered, legal and administrative fees need to be handled, and any property that the will does not address need to be distributed by the executor. During each and every one of these steps, the potential for a complication is lurking. If you have found yourself in this situation, it is not too late to get the counsel you need from a Long Island probate attorney to sort these matters and resolve the estate in question.

    Are you facing probate? Seek representation from a knowledgeable probate attorney in Long Island. Call The Law Office of Michael J. Brescia, P.C. today at (631) 386-8767 for a free consultation!

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