The legal process of probate takes place under the supervision of the Surrogate’s Court in the state of New York. If you die while you are in sole and direct personal possession of property, it would become probate property after you pass away.
This would be true if you had no estate planning documents at all, and it would also be true if you had a last will in place at the time of your passing.
Though there are some procedural tasks that must be completed during the probate process, it does not necessarily have to be a problem. Proper planning is the key to a smooth passes through probate.
A properly constructed will that is created with the expectations of the court in mind can usually pass through probate in a relatively smooth and efficient manner. This is why you should consult with a licensed estate planning attorney when you are creating a last will or any other estate planning document.
There are people who decide to go it alone using downloads and worksheets that they obtain online. These websites that sell boilerplate legal documents contend that anyone can effectively plan his or her own estate. This is risky at best when you consider the fact that the probate process will enter the picture after you pass away.
When you create a last will, you name an executor. This is the person who will handle the estate administration tasks after you are gone. The executor that you name may not be familiar with the probate process, and this is another factor to take into consideration.
You can leave behind a completely turnkey situation for your loved ones if you arrange for your estate planning attorney to act as the probate lawyer after your passing. The executor can then contact your attorney, and there would be legal guidance in place as the probate process is unfolding.
We should point out the fact that there are other asset transfer vehicles that can be used that facilitate probate avoidance. However, if the estate is relatively simple and straightforward to administer, and the proper support is in place, probate does not have to be viewed in a negative light.
Free Report on the Probate Process
Our firm has prepared a free special report that will provide you with more detailed information about the legal process of probate. To obtain your copy of the report, visit this page and follow the simple instructions: Probate Report.
Schedule a No Obligation Consultation
If you are ready to put an estate plan in place, our firm can help. We can answer all of your questions and help you construct a personalized plan that ideally suits your needs.
To set up a no obligation consultation, send us a message through this page: Smithtown NY Estate Planning Attorneys.