The need for the probate process occurs when a person dies and leaves his assets behind. Accepting the death of your loved ones is difficult, and disturbance of mental peace is quite natural. But amidst all this, you need to validate the Will of the deceased from the court of law. Hence the first thing that you should do is consult a reputed Probate Queens Lawyer to know about the proceedings in detail if your case is complicated.
It’s always better to take help then be confused and spend extra money. We have everything you need to know about the more straightforward probate process, which can be achieved by following these five easy steps. This guideline can be a perfect assistant for you to start.
Step 1 – Probate Queens Lawyer Keeps All Documentation Ready.
There are some documents you need to keep handy to file the Probate as fast as possible. The primary documents include descendant’s Will and their Death Certificate. Even if there is no proper Will, there can be written documents about funeral plans or an obituary.
All this can be found at the residence of the deceased itself. You can order for certified death certificate copies from the New York State Department of Health. There can also be other documents related to insurances, deeds, trusts, mortgages, bank accounts, and more. Keep all these documents ready for review after the funeral.
Step 2 – Order for Funeral and Locate the Court of Jurisdiction.
Arrange for proper burial rites with the funeral. Inform all the family members and close friends of the deceased. The entire event helps you to consider other relatives’ opinions on how you should proceed with the probate case.
But in case you see, chances of Will Contest or family disputes, directly jump to Step 5. Secondly, locate the Surrogate’s Court in the County of the deceased person. This place is where the documents need to be submitted.
Step 3 – Collect All the Other Paperwork, Necessary Documents, and Recheck them.
The next thing is that you need to submit the petition of Probate with all documents. There should be individual signed ‘Consent to Will’ waivers of each person named as beneficiary or next Kins in the Will. You also need to submit affidavits that will prove the signature on the documents of the deceased.
Submit the claims for Life insurance or other policies also. Do not pay any debts or bills of the deceased without legal advice from a Probate Queens Lawyer. The Will you have should be valid, or else in case of any conflicts, jump to step 5 immediately. The complete list of documents can be found on the New York Court’s website.
Step 4 – Probate Queens Lawyer For Asset Management.
If you are the executor of the Probate, then positively secured the entire property. Identify all your assets and make a list of them with their detailed valuation. Process the mail and make payments to maintain the property or keep the business running. Change locks and do all necessities that are to be done to keep the property correctly running like before.
The assets will include all estates, bank accounts, vehicles, cash, financial accounts, and more. But make sure you do not dispose of, sell your assets or spend the funds of the estate without taking any legal advice. Directly look at Step 5 if there is no Will or you are utterly confused about the next step you should take.
Step 5 – Hire a Reputed Probate Queens Lawyer and get Legal Assistance.
The Probate Queens Lawyer you choose must have enough experience to guide you completely in the probate case. Make sure to take legal advice right from the beginning. Immediately discuss the case with the lawyer if you smell any sorts of conflicts or disputes inside the family or external interferences.
Hence legal help is an essential part of any probate process. Finally, after gathering enough knowledge and legal advice, collect all the required documents, verify them, and submit the probate petition to the court.
Conclusion
There are a few significant disadvantages of any probate case. Firstly, ugly family disagreements can tear apart relations and end up in Court disputes with Will Contests. Secondly, such cases consume massive monetary amounts based on the complexity of the case. And lastly, the time required to get the case sanctioned. Even the simplest of cases take more than a year. Hence the process is time-consuming.
Hence all the above disadvantages can be easily avoided if you take valued advice from a well-known Probate Queens Lawyer. And by following our five simple steps, you will always have lesser headaches regarding any probate case.