Probate a Will or Administration Proceeding Today
When a relative or friend has named you to be an Executor your first step is hire a lawyer. Martin Law PC represents Executors so that a Will can be Probated quickly and efficiently. If someone has died without a Will the process to distribute property is known as Administration. We help with both Probate and Administration proceedings.
Why Hire Martin Law, P.C.?
People are busy, and we provide full service so that the Probate or Administration process can be finished with a minimum of time and effort from you, the Executor or Administrator. Out of state Executors do not have to travel, and Court appearances are minimized. Most clients do not want to appear in Court and will never have to.
We take care of all matters relating to the Probate and Administration process. Probate and Administration is the Court processes that distributes a deceased person’s assets.
We will guide you through this process.
What Are the Benefits of Probate?
After someone passes away, a legal procedure known as probate is used to distribute their assets and pay off their debts. Even though the legal process of probate can seem overwhelming and complicated, knowing its importance can help you go through it with more certainty.
Here are a few key reasons why probate is crucial:
- Probate ensures that the deceased person's assets are secured and dispersed in accordance with their wishes, as stated in their will.
- It enables the correct settlement of any outstanding debts or claims against the estate. This guarantees that creditors are properly paid and avoids any potential legal complications in the future.
- The probate process provides legal validation of the deceased person's will, ensuring its authenticity and preventing any disputes or challenges from arising.
- Probate ensures a seamless and lawful transfer of ownership by facilitating the title of a deceased person's property from them to their beneficiaries.
What Happens During the Probate Process?
During a Probate proceeding the Court determines the validity of a Will. Whether a Probate or Administration proceeding, the Deceased’s property is valued at this time. Further, Debts that the Deceased owed are determined at this time. If a Will, the Probate proceeding the Court will direct the Executor to grant the final wishes of the deceased by distributing property. Without a Will, the Administrator follows the Court’s Order to distribute assets pursuant to a statutory formula for when a person dies without a Will.
If you have lost a loved one and you need the assistance with the Probate or Administration process anywhere in New York State, Michael Martin at Martin Law, PC can help.
Assets held in the probate process include:
- Real property (houses, land, etc.)
- Valuables (jewelry, furniture, etc.)
- Mutual funds, bonds, and stocks
- Checking and savings accounts
Must All Property Go Through Probate?
Not all property must go through probate. In addition, property can pass outside of the Estate depending on how it is titled. If property is owned jointly or in Trust it will not got through the Probate process.
Only an estate that is valued more than $50,000 will go through the probate process if there is a will. If the estate is small, or under $50,000, then it will go through a "small estate proceeding". If there is no will, then the estate will go through an "Administration" proceeding.
Understanding the Role of an Executor in the Probate Process
One important aspect of probate is the appointment of an executor, who is responsible for managing the estate and ensuring that the deceased person's wishes are carried out. At Martin Law PC, our experienced probate lawyers can guide you through the executorship process and help you understand the responsibilities involved.
Here are some key points to know:
- Executor Appointment: The executor is typically named in the deceased person's will. If there is no will or the named executor is unable or unwilling to serve, the court will appoint an administrator.
- Legal Authority: Once appointed, the executor has the legal authority to gather and manage the deceased person's assets, pay debts and taxes, and distribute the remaining assets to the beneficiaries.
- Inventory and Valuation: The executor is responsible for creating an inventory of the deceased person's assets and obtaining appraisals or valuations as necessary.
- Debts and Taxes: The executor must notify creditors, pay valid debts from the estate, and file any necessary tax returns.
- Accounting and Reporting: Throughout the probate process, the executor must keep detailed records of all financial transactions and provide periodic accountings to the court and beneficiaries.
- Distribution of Assets: Once all debts and taxes have been paid, the executor distributes the remaining assets to the beneficiaries according to the terms of the will or the laws of intestacy.
Protecting Your Loved Ones' Assets
The person responsible for dealing with a deceased person’s finances and property, the Executor or Administrator, has been entrusted with a great responsibility. We can assist with virtually any area of Probate, including protecting the Estate from attacks.
We proudly represent clients in Hudson Valley and throughout New York State, and clients prefer our law offices for many reasons:
- 30+ years of satisfactory results for clients
- Personal and professional attention at all times
- Effective legal strategies to protect assets Estates
- Complimentary and confidential consultations throughout the proceeding
Martin Law, PC offers free initial consultations when you need help.
What Our Clients Are Saying
The service has been excellentFred Cantor
Michael and his staff are extremely professional and thorough.Risa Getman
"It was the best decision I ever made. Each time I had a question about something, they were there with the answers."Robert Beahan
We have more than 20 years of legal experience.
We help our clients find the peace of mind they need.
We offer both personal attention and professional skill.
We make house calls.
We take pride in protecting the wishes of our clients.
We offer our clients free and confidential consultations.