Table of Contents

Is Probate Required if There is a Will?
When is Probate Necessary in New York?
Best Estate Planning Lawyers in Brooklyn: Why it is important?
Do I need an Estate Plan?
Pros & Cons of Revocable Trust
Estate Planning for a Married Couple: How to do it?
Estate Planning for Business: Why it is Important?
What is Estate Planning?
What does an Estate Plan include?
Is Estate Planning only for the Wealthy?
Estate Planning for Singles: Widowed, Divorced, and Never Married!
Estate Planning for Pets: Why it is important?
Estate Planning for Children: How to do it right?
Estate Planning Checklist: Important Guidelines & Details!
Estate Planning for Business: Why it is Important?
What Is Estate Planning?
What Does an Estate Plan Include?
Is Estate Planning Only For the Wealthy?
Estate Planning for Pets: Why You Need To Do It?
Estate Planning for Children
Estate Planning for Singles
Estate Planning Tips for A Married Couple
Do I Need an Estate Plan?
Estate Planning for Business
Estate Planning Lawyer
Periodontal Disease – You Might Have it and Not Even Know It
Why Hire a Professional Web Development Company
Home Theater Installation NY: Basic Advice is Offered
Cosmetic Dentistry – Powerful Technology Can Give You Your Best Smile
Learn How Dental Implants Could Help Your Dental Health
Periodontal Disease – You Might Have it and Not Even Know It
Kids Teeth Flossing: 5 Top Parents Questions
Tongue Tie Treatment – Pediatric Dentistry Brooklyn
Thumb Sucking: Break the Unhealthy Dental Habit
Smile Makeover- a Fabulous Smile That All Will Envy
Oral Sedation Dentistry for Your Child
Child’s First Dental Visit: What Can You Expect
What Is Pulpitis and How It Is Treated?
Too High Filling: Why It Is Important to Correct
Top 3 Reasons You Shouldn’t Fear Root Canal Therapy
Cosmetic Dentistry- Powerful Technology Can Give You Your Best Smile
Best Option–Zoom Whitening in Brooklyn
Looking After Your Kid’s Primary Teeth
Teeth Whitening – an Incredible Look That’s Effective and Safe
Types of Toothbrush Bristles To Know for Better Dental Hygiene
Dental Implants – Today’s Long-Term Solution of Replacing Missing Teeth
Don’t Let One Missing Tooth Damage the Rest of Your Mouth
Don’t Let One Missing Tooth Damage the Rest of Your Mouth. Dental Implants
Happy Dental Visit in Brooklyn: Child’s Experience
Have You Heard About One-Visit Dental Crown?
Have You Heard About One – Visit Dental Crown?
Invisalign Teen Could Help Your Kid in Brooklyn
Teeth Whitening Treatment: Whiter Smile in Just One Hour
Professional Teeth Whitening for Safe and Effective Results
Crooked Teeth? How We Can Help You
Crooked Teeth? How We Can Help You Invisalign
Learn How Dental Implants Could Help Your Dental Health
Is a Dental Implant Treatment Better Than a Bridge?

Do you want to know whether you will have to undergo Probate now that your loved one has passed and leaves a last will and testament behind? The first question that a good probate attorney will ask you is was there a trust setup as well or just a Will. If there was just a Will the answer is, yes you will have to go through Probate! Please keep in mind the time frame and costs associated with Probate can vary from county to county and state to state as well as the process and laws governing the process.

The value of the estate plays a very important role in this. For example, estates with a total asset value under $50,000 in New York are not subject to a full proceeding and can simply file small estate forms. This article will help educate you on the importance of Probate You will be able to understand the importance of Probate and how it is essential with or without the will. Read on ahead to find out more.

Importance of a Probate of the Will

When it comes to Probate there seem to be a lot of confusion and misunderstandings. Probate is basically defined as the process or a legal procedure which provides a beneficiary some legal authority to ownership over the assets or authority to take care of the affairs of the person who is deceased. Typically, it is best to have an experienced attorney helping you file the necessary documents for Probate. Probate is a time-consuming process and can come with complications caused by family disagreements. The first thing you need to know is that you will need an original of the Will and Death Certificate. It is very important to remember not to remove any staples from the original Will as this may disqualify it. If you need to make copies for your records, please do so without removing staples. When obtaining the death certificate ask for multiple originals as you may need them during the process. Mistakes when filling out the paperwork needed for filing can delay or complicate the process.

Typically, within the Will the deceased has named a person or people they wish to become the executers of the Will. Just because you are named an executor doesn’t mean that you must undertake the roll. You can step away from the roll allowing another family member to take your place. An executor assumes a fiduciary roll and is responsible to make sure all debts and taxes are paid off prior to dispersing any of the assets held by the estate.

Creating a list of assets is Very Important Factor

When you want to establish the requirement of a proper Probate, it is important to ensure that you make a detailed and essential list of the things or assets that were owned by the deceased. Then you will have to find out some other important details. These are the details which are going to provide you with some information about the ownership of the estate such as how the apartment or house were deeded. Were the assets named under the deceased’s sole name or were there some joint names as well? The assets which have joint names can have tenants who are in common. This is important as it will give you a better understanding of the value of the estate.

As we discussed before if the total assets in the estate are under $50,000 you can avoid a full proceeding and need only to file paperwork for small estates. Knowing how properties are deeded play a major roll as they might be outside of probate and pass directly to the tenant in common. For example, a married couple having two kids and one spouses passes away. Let’s say the deceased leaves a Will behind leaving all their assets in equal shares to the spouse and the surviving children. If the house is deeded tenants in common and both the deceased and spouses name are on the deed, then the house passes directly to the spouse and isn’t considered as part of the estate nor does it have to undergo probate.

As you can see there are a lot of factors to determine whether or not you will have to Probate a Will to gain access to the estate as well as what is considered as part of the estate. If you are reading this an you wish to consult with an experienced attorney, we offer free consultations. It is also important to remember that it is possible to plan ahead in order to avoid Probate all together. Probate can be time consuming and costly planning ahead can save you time and money. Call us today and let us help you!