Probate law basically refers to that section of law that involves issues related to estate management when an elder person of a family passes away and there are plenty of internal disputes because of inheritance. This law ensures that all the creditors or debt collectors are appropriately paid and the leftover assets are handled over to the rightful heirs of the deceased. In case you’re a citizen of New York and you’re stuck up in one such situation, you should be familiar with New York Probate laws. This will give you a fair idea about the proceedings.
First of all, New York Probate begins with the legal process of filing the petition (a legal request) to open estate. Secondly, names of personal representatives who are accountable for administering the property of the deceased are nominated in front of the court. Next, an official notice concerning the creditors is printed in the local classifieds and the notice is sent to each individual member who is involved in this case.
If there are any creditors, they should file their claims as soon as possible, within a restricted time frame as set by the court. Thereafter, personal representatives pay off the incurred debts and distribute the remaining estate among the heirs. Lastly, the petition for discharge is filed in order to close the estate.
Apart from the basic information highlighted in the above paragraphs, you should be familiar with other aspects of New York Probate as well for example order of priority for property distribution. The priority list is in this order: spouse, kids, grand children, parents and finally the siblings.
Firstly, you must be familiar with the probate procedures pertaining to your area. In order to do so, you need to hire an experienced attorney who has comprehensive knowledge regarding this field. Hiring a lawyer is a good idea because you get to know more about the order of priority, in terms of administration granting. This process is most important for people who are one of the personal representatives of decedent’s assets. You should also be acquainted with petitions, appointment of administration and the people that are entitled for them.
Finally, you should be clear about this idea that what processes shall be followed if the will is lost or destroyed. The proceedings involving New York Probate Attorney are not that easy nevertheless you can simplify this process with proper help and understanding.