The probate process takes place after a death and is the process by which assets are transferred to designated heirs or beneficiaries. Assets can transfer during the probate process in accordance with the instructions that are provided in a last will and testament or they can be transferred under the terms of intestacy law.
Mark S. Eghrari & Associates, PLLC can provide help with the probate process. We work with clients to understand how probate works as they are making their estate plans so they can make smart choices about whether to transfer assets through probate or whether they’d prefer to use other estate planning tools such as a revocable living trust, which would instead allow for wealth to be transferred through the trust administration process. We can also represent the executor of an estate, heirs or beneficiaries, anyone interested in contesting a will and others with an interest in the probate process.
You should give us a call to find out more about how our Smithtown probate lawyers can help during the probate process. You can also take advantage of the resources that our legal team has assembled below to learn more about how the probate process works and about how you can navigate through it while protecting an inheritance and ensuring the wishes of the deceased are honored.
Probate Court Resources in Smithtown
In the state of New York, probate proceedings are handled in surrogate’s court in the county where the deceased lived and/or where the deceased owned property. Smithtown is located in Suffolk County, so the first key resource that you will need to visit is the website of the Suffolk County Surrogates Court.
From the Suffolk County Surrogate’s Court, you can find many resources that will help you during the probate process. For example, some of the key resources that you can take advantage of to learn more about the probate process or to get the process underway include:
- Law libraries, where you can learn about the laws in the state of New York that could apply to govern your rights during the probate process.
- Information on handicapped accessibility in probate courts
- Surrogate’s Court forms which will need to be submitted to the court in connection with probate proceedings. This includes PDF versions of forms that are used in guardianship proceedings, estate administration, adoption, probate cases, small estate proceedings, and wrongful death cases.
If you are going to go to probate court in Smithtown, you should have an attorney providing representation to you. Although there are forms available that you can complete yourself, you do not want to make mistakes or fail to fulfill any of your obligations that could affect the probate process. Mark S. Eghrari & Associates, PLLC will help you to ensure you can fulfill your responsibilities, protect an inheritance, and ensure that you are taking the necessary steps to facilitate the timely transfer of assets in accordance with the wishes of the deceased.
Estate Tax Resources for Probate in Smithtown
In the state of New York, there are tax obligations for larger estates. When a substantial amount of assets are passed on to new owners, federal estate tax may also be owed. Some of the resources that can help you to learn about taxes that have to be paid as part of the probate process include the following:
- The New York State Department of Taxation and Finance: This website provides comprehensive details about the estate tax that must be paid on larger estates when the deceased lived in New York or owned property in New York. There is information for both residents and non-residents about estate tax obligations within the state. There is also information on the basic exclusion amount (if your estate is below this amount, no state estate tax is due) as well as on includible gifts.
- The IRS frequently asked questions page on estate tax: You can find answers to important questions on this page, like whether or not you are required to file an estate tax return and whether a same-sex partner is considered to be a surviving spouse for purposes of the marital deduction for estate taxes. By referencing this page, you can determine what your obligations are for the payment of estate taxes on the federal level when an estate is a larger one.
Estate tax rules can be complicated, so it is important for heirs or beneficiaries and the executor of an estate to understand exactly what is required. Mark S. Eghrari & Associates, PLLC can provide guidance on whether estate tax will be due when a death has occurred and can offer advice and assistance on complying with all estate tax obligations. We can also work with you prior to your death if you suspect that your estate will end up owing estate taxes so we can help you to reduce or eliminate your tax obligation and pass more of your money onto your heirs or beneficiaries.
Getting Help from a Smithtown Probate Lawyer
The probate process is a complicated one, especially at a time when you are forced to cope with the grief that you feel as a result of the death of a loved one. You should not try to go through the probate process alone, as you may have rights you need to protect during this process and/or obligations that you need to fulfill.
Mark S. Eghrari & Associates, PLLC makes the probate process easy and stress free by taking care of the legal issues for you. A Smithtown probate lawyer will provide compassionate and knowledgeable legal representation as you wind up the affairs of your loved one’s estate. We can also help with the estate planning process and work with you to use tools that allow assets to transfer outside of probate.
To find out more about how our firm can help you, join us for a free seminar. You can also give us a call at (631) 265-0599 or contact us online to get personalized help with all legal issues related to probate. Call today to get an advocate on your side.