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Guide to New York Probate proceedings

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The probate proceedings prove to be tiresome especially after you have lost a loved one if you are the administrator of the will of the deceased. The probate process refers to the transfer of the properties and other assets of the deceased within the family. The probate proceedings are very tiresome and take a long time to finish, causing discomfort and costing the family.

Upon death if the person has not named anyone as his/her representative then the court will assign one, it can be the spouse or the eldest son of the deceased. The person so appointed then gains the right to handle all the formalities regarding the property of the deceased, like taxes, mortgages, settling the claim of creditors or distributing the assets to the deceased’s children or family. The responsibility given to the representative is a complex one as any discrepancy in distribution or any other mistake will lead to repercussions for the representative. To avoid any such mistakes you can consult the probate lawyers at Katzner Law Group and let the experts handle the process for you.

According to the laws of the State, only properties above a limit are to be considered for the probate process, and if the deceased had formulated a revocable living trust then also the properties do not come under the probate process.  Under the probate process there are certain steps that are followed by the court, they are:

  • Submission of deceased’s will in the court.
  • Probate petition is filed.
  • The court appoints a personal representative for the deceased.
  • The court gives a time limit to the creditors to file a claim.
  • The personal representative is asked by the court to submit the details of the assets of the deceased.
  • The court then distributes these assets within the family of the deceased.

The biggest risk for the representative here is that if the courts find out at a later date that the representative has not filed the correct information regarding the deceased property, he/she will be held at fault. The lawyers at Katzner Law Group are well equipped and have relevant experience in this field so that you don’t make any mistake and the process is completed without a hassle. Other services which can be provided by the lawyer to the representative include filing the petitions, finding information regarding the deceased’s assets, any other information like insurance, debts etc about the deceased

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