How to Correctly Complete A Probate: Processes and Steps

In movies, we often see children squabble over who gets who when their parents die. Often, situations like these are depicted in a movie’s plotline. The main subject of this crisis is usually the decedent’s will.

A will is a written document that a person prepares before death, in order to leave specific instructions to a designated executor on how to manage his/her estate upon death. An estate could be real (immovable: a piece of land, real estate, house, condominiums, apartments, etc.) and personal (money, paintings, etc.)

In New York (and in other states), the will is submitted to a Surrogate’s Court to undergo probate. The probate process is, in simple terms, the process of verifying that a person’s will is valid. Once proven valid, the same court grants the executor of the said will the approval to oversee its execution.
Probate is needed only if the decedent estate is worth at least $30,000.

What You Need

Contrary to popular belief, it is possible to go through the whole probate process yourself. You don’t have to get the services of an attorney. However, this hinges on the premise that there are no complications with both the will and the estate left behind.

In movies, we seldom see families who abide by whatever’s written on the will. The heirs typically fight tooth and nail to ensure an outcome that is advantageous to them. Imagine going through this all by yourself. You probably wouldn’t know where to start!

This is why it is sometimes better to consult with a lawyer first when dealing with things such as probate.

What You Can Do to Avoid Probate

There are things that a decedent can leave behind to his/her heirs without the need for them to go through probate. With proper Estate Planning, items like proceeds from Life Insurance, Investment Accounts (designated as Transfer on Death), Annuities, Joint Bank Accounts, and Uniform Transfer to Minors Account (UTMA) may be left directly to heirs and nothing needs to be done to get the proceeds.

Francisco, works with professional services companies that handle Estate Planning Services in New York. With proper estate planning, you will not just avoid wasting time and money on probate, you will also give peace of mind to your loved ones because they know that everything’s already been taken care of for them.

For any Real Estate properties, we also offer our expertise in cleaning out services and general contractors for any renovation needs from minor to major repairs .

Please visit or call him direct (718 ) 954 – 4792 , if you need help.

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