Best Probate Lawyers in New York

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Lippes Mathias LLP

Lippes Mathias LLP

New York, United States

Founded in 1965
177 people in their team
Lippes Mathias LLP is a full-service law firm with more than 135 attorneys serving clients regionally, nationally, and internationally. With offices...
English

About Probate Law in New York, United States:

Probate is the legal process through which a deceased person's assets are distributed and their debts are paid. In New York, this process is overseen by the Surrogate's Court. The court ensures that the deceased person's assets are distributed according to their will, or if there is no will, according to state laws of intestacy.

Why You May Need a Lawyer:

While probate can be a straightforward process, there are situations where seeking legal assistance is beneficial. Some common reasons to consult a probate lawyer include:

  • Complex estates with multiple assets, debts, or beneficiaries
  • Disputes among family members regarding the distribution of assets
  • Challenges to the validity of a will
  • Navigating estate planning and tax implications
  • Understanding and fulfilling the legal obligations of an executor or administrator

Local Laws Overview:

When it comes to probate in New York, there are a few key aspects to keep in mind:

  • The probate process can be initiated when a will is filed with the Surrogate's Court in the county where the deceased person resided.
  • New York recognizes both testate (with a will) and intestate (without a will) estates, and the distribution of assets will depend on the situation.
  • Probate proceedings can involve additional steps such as proving the authenticity of a will, gathering and valuing assets, paying outstanding debts, and distributing assets to beneficiaries.
  • Certain assets, such as jointly owned property or assets with designated beneficiaries, may bypass probate.

Frequently Asked Questions:

1. Do all estates in New York have to go through probate?

No, not all estates have to go through probate. Some assets, like joint bank accounts or assets with designated beneficiaries, can pass directly to the intended recipients without probate.

2. How long does probate usually take in New York?

The duration of probate proceedings can vary depending on factors such as the complexity of the estate and any potential challenges. On average, it can take several months to over a year to complete the process.

3. Can I contest a will in New York?

Yes, it is possible to contest a will in New York. Common grounds for contesting a will include lack of testamentary capacity, undue influence, fraud, or improper execution.

4. Can I be both the executor and a beneficiary of an estate?

Yes, it is possible to be both the executor and a beneficiary of an estate in New York. However, it's important to fulfill all the legal responsibilities of the executor impartially.

5. Are there any estate taxes in New York?

Yes, New York has its own estate tax laws. The threshold for taxable estates is subject to change, and it is advisable to consult a probate lawyer or tax professional for up-to-date information.

Additional Resources:

Here are some resources that can provide further assistance and guidance regarding probate in New York:

  • New York State Unified Court System - Surrogate's Court: https://www.nycourts.gov/courts/surrogate/index.shtml
  • New York State Bar Association - Probate & Estate Planning: https://nysba.org/Sections/Trusts_and_Estates/Sections/Trusts_and_Estates.aspx?hkey=fd194f2a-732b-43e8-b7db-8dfe3d1ac43e
  • New York State Department of Taxation and Finance - Estate Tax: https://www.tax.ny.gov/pit/estate/etidx.htm

Next Steps:

If you require legal assistance in probate, here's what you can do:

  • Research and select a reputable probate attorney who specializes in New York probate law.
  • Contact your chosen attorney to schedule a consultation to discuss your specific situation and needs.
  • Gather necessary documents related to the deceased person's assets, debts, and any existing will.
  • Work closely with your attorney throughout the probate process, providing any requested information and following their guidance.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.