After someone dies in the State of New York, action will need to be initiated in Surrogate Court regarding probate proceeding. There are circumstances where probate actions will allow designated family members and individuals to administer an estate without the complexities of probate steps. Since probate is the court supervised legal process that ensures beneficiaries right to property in accordance with a deceased person’s wishes, the intricacies may require the assistance of a New York Probate Attorney at Ron L. Meyers & Associates. In many cases a deceased person may have already taken measures to avoid probate, including setting up a living trust, or prepareing deeds that are transferred on death in some cases. Individuals should consult with a probate attorney who can review a last will and testament to see if estate value will impact the probate action, and if steps were taken to avoid probate all together.
There are basically four common steps to most probate actions that include:
- A petition must be filed with New York Surrogate court and individuals will need a death certificate, a will when one has been prepared and the services of an experienced probate attorney who understands the specific documentation and court-required procedural steps for New York. Nothing can be done legally to the estate until a court date to determine what is allowed. Steps to safeguard the estate is acceptable and other common actions to protect assets such as winterizing homes, making certain utilities are paid and collecting mail. A probate attorney can apprise individuals on acceptable actions.
- Beneficiaries must be notified and the estate assets must be inventoried. Legal heirs to an estate and beneficiaries are given a written notice of probate which can be mailed or send via court process server, or through public notice. Creditors will also need to notified. A probate attorney can apprise clients of how to undertake these actions, drafting the correspondence and making sure service is completed within the determined timelines of the Surrogate Court.
- The complicated portion of probate is administering the estate. Legal counsel can be very effective with policy claim submissions, correspondence to close out retirement accounts, settle debts, pay taxes, and liquidate assets.
- When the estate property is sold, debts are paid and assets are ready to be distributed, an experienced probate attorney can prepare and file the final petition with New York Surrogate Court so that bills will be paid, attorneys fees will be addressed and beneficiaries will receive their distribution.
Seek legal counsel.
Attorney Ron Meyers is a seasoned legal professional who can reduce the stress on family members and estate executors by assisting them with probate actions in New York, as they grieve the loss of a loved one.
Ron L. Meyers & Associates, PLLC
Address: 475 Park Avenue South, Suite 2100
Manhattan, NY 10016