Estate Probate Surrogate Courts:
What Is Done At A Local Surrogate Court: Probate Law
The Surrogate Court is a division of the county judicial system that’s especially established to deal with deceased person’s affairs, such as estate administration and probate of wills. In such cases, it’s known as the probate court. The Surrogate court can also be charged with handling matters such as guardianships and conservatorships, as well as incapacity rulings.
If the decedent’s Last Will is contested, for instance; the so-called probate process is initiated to “prove” it. In other words, it’s the responsibility of the Surrogate Court to rule whether the document is authentic or not. Even if it is, the probate court has to establish the mental stability of the individual who signed it.
So, what really happens at a Surrogate’s Court? It all boils down to whether the deceased left a will or not, and if the estate is contested or not.
Initiation of the Probate Process
The process is often initiated when a petition for probate is filed by a person (usually a designator of the decedent’s will or a family member) with the Surrogate’s Court. Once the petition is received, the probate court’s judge then issues a court order appointing an individual to be the administrator or executor of the decedent’s estate. At this point, the estate is said to under “probate.”
The appointed administrator will be in charge of paying deceased’s debt, taxes, and distributing the estate to the legal beneficiaries, as well as dealing with a raft of other administrative duties. A probate attorney may be hired to help the executor with the complexities of probate proceedings.
Uncontested Estate with a Will
If the deceased left a Last Will & Testament and the estate is uncontested, there’s always little or no disagreement. The work of the Surrogate Court here is minimal and is often just to facilitate the closure of the estate and payment of creditors.
Contested Estate with a Will
If the decedent left a Will and there’s acrimony between the executor, heirs-in-law, and beneficiaries, the Surrogate will have a bigger role in the probate proceedings. It’s the duty of the probate court judge to review all the grievances, statements, and evidence, and eventually rule on the matter.
When a Person Dies Intestate
If the deceased didn’t leave a will, we say he or she died intestate. The legal status of "inestate" is something that everyone can avoid very simply by writing a will with their local estate planning & probate lawyer. The first order of business for the court is to appoint a personal representative of the deceased’s estate. The appointee will serve the same roles as the executor, such as determining the right beneficiaries, paying off debt, appraising the assets, hiring an estate probate lawyer, and myriads of other administrative duties. When all aspects of the law of intestate succession are satisfied, the rep will be given the green light to distribute the remaining assets to rightful heirs.
What You Need to Know About Probating Real Estate in NY
There are a few important things that you need to understand about probating real estate. In this article, we intend to walk you through these things so you can get a glimpse of probate law in New York.Probate:
It entails the process whereby a court appoints an executor or a personal representative of the estate of a deceased person.
Probate Real Estate:
This is the property that remains titled in the name of the deceased by the time of his or her demise. Personal Representative (Executor): This is an individual the probate court appoints to be in charge of the estate of a deceased person. An executor is essentially entrusted with the following responsibilities:
- Research and make an inventory of all assets still titled in the name of the deceased person.
- File the final tax returns of the deceased.
- Pay the deceased’s last expenses
- Distribute assets titled to the name of the deceased based on the Will or NY intestate succession laws (if there’s no will)
Can Out of State Person Be an Executor to a NY Probate Real Estate?
NY probate law allows an out-of-state individual to become a personal representative to the estate. In fact, the executor is not required to appear in person in court.
How Long Does it Take to Close a NY Probate Case?
When you hire a professional NY real estate agent, the entire process of an uncontested probate can last between 5 and 6 months. If it is contested, however, the probate can take between 9 and 18 months to conclude. And it varies from case to case. How Long Do I Have to File for Probate?
The law state that you’ve up to 2 years to petition for probate in NY. Is a Personal Representative Compensated?
Yes. An executor typically has 90 days to file probate, inventory decedent’s asset, and provide the value of the probate real estate. That’s a lot of work. That is why a personal representative is entitled to a compensation for fiduciary duties performed.
Do I Need an Attorney for a Probate Case?
Hiring a Manhattan Chamber Of Commerce verified elder lawyer for example, can come in quite handy because you know that top notch work is just around the corner. After all, getting down to the nitty-gritty of probate real estate is no picnic.
Roman Aminov is a renowned elder attorney in NYC that specialized in Spousal election rights & similar laws regarding a surviving spouse. Roman has written many award winning publications on estate law and is an elective share expert. Included in his expertise are laws relating to accessing a safe deposit back after death. Roman is a Queens Ledger featured estate lawyer as he excelled at all of our ranking barometers. This is why we advise all of our readers to reach out to the Law Offices of Roman Aminov or all their estate, probate, will & trust legal issues.
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