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Law Office of Michael Robinson, P.C.

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Probate FAQs

    • 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.


Free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
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Upcoming Workshops

Several educational workshops coming up around the Finger Lakes you don’t want to miss.   Read more →

Testimonials

Over the years we have been to many programs regarding Estate Planning. We were most impressed with Mr. Robinson’s presentation – both in subject matter and explanation in an understandable manner. We have put our “trust” in his competent hands. We were not aware of the complexity and the volume of paperwork generated for this undertaking. We found his staff to be most capable and client orien…
F.T. & L.T.
From the first visit I was welcomed (like family). The office & girls have all their ducks in order! Very friendly! Mr. Robinson explained everything in detail. 100% satisfied. Will pass the word on. Great Law Firm. Thank you so much.
Geraldine P.
Our overall experience was one of thoughtfulness, clarity and comprehensiveness on the part of Michael Robinson, his staff and associates. We attended Michael’s seminar on legacy wealth, and found him to be clear and well-spoken. He touched on all aspects of Estate Planning in which we were interested. Our first of two visits to his office was timely and helpful enough for us to consider develop…
Sharon T.
A pleasure as always dealing with the entire staff. Always willing to explain the answers to our questions.Joseph and Julie Ann M. 
Always Helpful When Working With The Firm
Establishing a Family Wealth Trust through the Law Office Of Michael Robinson P.C. has been a positive experience, the staff is congenial, patient, thorough, professional and knowledgeable. We certainly are comfortable and confident with our decision.
Beverly L.

Bath Office

10 West Pulteney Square
Suite 103,
Bath, NY 14810
Phone: (585) 374-5210
Fax: (585) 485-0394

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Pittsford Office

1163 Pittsford-Victor Road, Suite 120 (Powder Mill Office Park)
Pittsford, NY 14534-3817
Phone: (585) 374-5210
Fax: (585) 485-0394

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