I lost a relative recently, but he left a will behind with the names of the beneficiaries to his estate. It is a large estate with numerous assets. We have been told that the estate has to go through probate, although the family feels this should be settled outside court. Since the case does not seem to have any complexities, does the family still need to get a probate attorney?
Probate is usually used to handle cases arising during the administration of a deceased’s estate. Beneficiaries may decide to contest a decedent’s will for various reasons, causing the estate to go through probate.
In this case, where the beneficiaries agree about what is written in the will, one or several other New York probate laws and regulations still apply in the case of the estate in question.
In New York, the will written by the decedent is entitled to go through probate if their estate valued more than thirty thousand dollars. The court also carries out a small proceeding for estates whose value is less than this amount.
For any will associated with highly valued estates to be made legal, it has to pass through one of the surrogate courts, usually situated within the county that the individual passed away. The surrogate court may determine this will as valid or invalid and execute it based on the desires of the testator. Any will that is settled against the demand to probate is considered ineffective. The beneficiaries may have to wait for a long time before receiving their share of the estate.
In this case, an estate refers to property, assets, and possessions that the decedent owned.