Probate is the process of proving that a will is valid. In New York probate, a will is proved to the satisfaction of the court that it is the Last Will and Testament of the person who died. Once the Judge in New York Surrogate’s Court is convinced of the validity of a Will, the executor named in the will is then appointed to distribute the estate, by carrying out the wishes of the person who died. The Surrogate’s Court oversees this process.

New York Surrogate Court. 

Individuals begin New York Surrogate Court’s estate process by filing a Petition for Probate with the court, and a copy of the death certificate is also required. If there is a will, a copy will also be filed, along with a filing fee calculated as a percentage of the estate. Ancillary probate refers to a probate proceeding that is required, in addition to the primary probate proceeding in New York. It is necessary when someone owns a piece of real estate, such as a vacation home that is located at a separate location, or tangible personal property such as cars, boats, or airplanes that are registered and titled out of state. Ancillary probate is also necessary when someone owns livestock, oil, gas, or mineral rights that are attached to real estate in another state. Ancillary probate drawbacks include added costs, or problems arising when a person dies without a will, making it difficult to determine who will receive a decedent’s estate.

Probate and assets.

When a person dies in the State of New York, it is important for their family, or representative to coordinate actions with a probate attorney to file the proper petitions with the Surrogate Court.  In New York, not all assets are legally required to go through probate, so if an estate is made up of non-probate assets, the process can be bypassed for parties interested in a timely administration of an estate.  If an estate is made up of non-probate assets, probate may not be necessary at all.  Since each case is unique and asset distribution will need to be addressed per the individual’s will, or the overriding state laws, it is best to consult with Ron Meyers, a knowledgeable probate attorney in New York.

Hire legal counsel.

Individuals may need the assistance of experienced legal counsel who understand New York State laws and how petitions to surrogate court  impact a will’s administration.  Contact Attorney Ron Meyers with questions regarding probate petitions, and ancillary probate petitions.

 

Ron L. Meyers & Associates, PLLC

Address:  475 Park Avenue South, Suite 2100

Manhattan, NY 10016

Phone: 212-644-8787

 

Sources:

https://www.nysenate.gov/legislation/laws/EPT/13-1.2

https://www.nysenate.gov/legislation/laws/EPT

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *