Probate happens following a death. It is a complicated process that many people do not understand, and yet are thrust into as they try to cope with the aftermath of a loved one passing away. Whether you are an executor, an heir or beneficiary, or play any other role in the probate process, you need to understand what your rights and obligations are and to what to expect as the process unfolds.
The Law Office of Michael Robinson, P.C. can help you. Our legal team knows the ins-and-outs of the probate process and we provide guidance, advocacy and compassionate representation to people as they navigate through probate. We have prepared the answers to some frequently asked questions that you may have so you can find out more about how probate works in Rochester and surrounding areas. We are also ready to represent you when you are going through the probate process so give us a call as soon as someone you care about has passed away.
What is probate in New York?
Probate in New York is a process which is designed to facilitate the transfer of assets after a death. The probate process also provides the chance for creditors to make claims, for a will to be contested if someone doesn’t believe it reflects the wishes of the deceased, and for an estate valuation to be completed so estate tax can be assessed if necessary. The probate process occurs in the county where property was owned by the deceased person, who is called a decedent, and the executor of an estate oversees the probate process. Find out more here about the definition of probate in New York.
What are the drawbacks of probate?
Probate is important because it facilitates an orderly process for asset transfers following a death. However, there are downsides. The cost of probate is a big negative, along with the complexity associated with court paperwork, tax filings, and other steps that are key parts of the probate process. The fact that probate takes a really long time is also a big drawback, especially when heirs or beneficiaries want to just inherit and move on with their life and especially in situations where a delay in the transfer of assets to new owners could have adverse consequences for the management of the asset. Find out more here about some of the drawbacks to probate.
Is probate always required?
Probate is not required after every death, although it is required after many deaths. The size of the estate and the kind of assets being transferred will impact whether or not it becomes necessary for probate to happen after a fatality. If someone does not wish for their family to have to go through the probate process, it is possible to create an estate plan that makes skipping probate possible. The estate plan will need to facilitate the transfer of assets through other means, such as trust administration. Find out more about when probate is required.
What are some top reasons for avoiding probate?
There are many reasons to avoid probate, including the desire for heirs or beneficiaries to inherit in a more timely manner and the desire to save costs associated with the probate process. When assets transfer through other means, heirs can obtain the money or property either instantly, or in a matter of days or weeks rather than months. If someone is depending upon an inheritance to live off of, or if the items being inherited are things like ownership of a family business where a delay in the ownership change could wreck havoc, probate avoidance is essential. Find out more here about top reasons for avoiding probate.
Should I get legal help during probate?
You should get legal help during the probate process. Executors need help fulfilling their fiduciary duty; heirs or beneficiaries need legal help protecting an inheritance; and people contesting a will need legal help filing paperwork and making arguments. The Law Office of Michael Robinson, P.C. is here and ready to provide the kinds of legal help that you need. Our legal team knows what is at stake and we offer the advice and support necessary to facilitate smart choices that ensure the wishes of the deceased are honored and that assets are transferred in an appropriate and timely way.
Give us a call at give us a call at 585-374-5210 or contact us online to speak with a Rochester probate lawyer to find out more about the ways in which we can help you.