Probate is the legal process of estate administration. There are entities out there that make the probate process sound like it is something that is totally negative. In fact, the American Bar Association does not concur with this somewhat out-of-balance and self-serving contention.
Over the years the powers that be have made great strides. Probate provides certain protections that are very valuable on a number of different levels. If you have an interest in an estate that is being probated in the state of New York, things should go relatively smoothly.
When the executor engages a licensed probate attorney who understands the process, a well-planned estate should pass through probate efficiently.
Probate is a factor when you maintain personal possession of your property until the time of your death. Most people that use a last will as a vehicle of asset transfer will be in this position. They own the property, and they arrange for its distribution through the terms of the will.
Though probate does not have to be viewed as some type of problem, there are ways that you can arrange for asset transfers after your passing outside of probate. In most cases you would be facilitating distributions in a more timely manner.
Probate Process in Smithtown NY: How Long Does it Typically Take?
The duration of the probate process is going to vary depending on the circumstances. Each court is going to have a certain caseload, and there are rules in place regarding minimal time frames. Part of the purpose of probate is to allow interested parties the opportunity to gain satisfaction from the estate. A certain amount of time is allotted to open a window of opportunity.
Even simple cases without any complex financial holdings or other types of extenuating circumstances will take months. More complicated cases can take multiple years.
The need for immediate liquidity can be a factor when you are planning your estate as you consider whether or not you want to allow for the estate to be probated.
Consult With a Licensed Smithtown NY Probate Lawyer
The best way to gain an understanding of how long it would take to probate your estate would be to discuss your unique personal situation with a licensed probate lawyer.
Your attorney will ask you certain questions and gain an understanding of the circumstances. There are no absolutes, but your lawyer will be able to give you some idea with regard to the length of the probate process that you would be facing given your particular set of circumstances.
If you decide that you would like to arrange for the transfer of your assets outside of probate, your attorney will explain all of your options to you in detail during the consultation.
Mark S. Eghrari, Estate Planning Attorney
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