Types of Probate

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Types of Probate

Types of Probate in New York

Welcome to Morgan Legal Group P.C., where our experienced probate attorneys guide you through the intricacies of probate in New York. Probate is the legal process of administering a person’s estate after their passing, ensuring their assets are distributed according to their wishes or the state’s laws. New York has different types of probate depending on various factors.

Testate Probate

Testate probate occurs when the deceased person (decedent) leaves behind a valid Last Will and Testament. The will outlines how the decedent’s assets should be distributed, who the beneficiaries are, and who will serve as the estate executor. The executor’s role is to manage the estate, pay debts, and ensure the distribution of assets according to the will.

At Morgan Legal Group P.C., our experienced probate lawyers can help guide the executor through the probate process, ensuring that the decedent’s wishes are carried out efficiently and accurately. We assist in filing the necessary paperwork, navigating legal requirements, and addressing any challenges that may arise during probate.

Intestate Probate

Intestate probate occurs when the decedent passes away without a valid will. In such cases, New York’s laws of intestate succession will dictate how the decedent’s assets are distributed among their heirs. The court will appoint an administrator to manage the estate’s affairs and oversee the distribution of assets based on the state’s intestacy laws.

Our experienced probate attorneys understand the complexities of intestate probate and can provide valuable guidance to administrators. We help identify heirs, navigate the legal requirements, and ensure a fair distribution of assets in accordance with New York’s laws.

Small Estate Probate

New York offers a simplified probate process for small estates. If the total value of the decedent’s assets falls below a certain threshold, the estate may qualify for a streamlined probate procedure. This process can be faster and less expensive than regular probate.

Morgan Legal Group P.C. can assist in determining whether an estate qualifies for small estate probate and guide you through the necessary steps to expedite the process while ensuring compliance with legal requirements.

Ancillary Probate

Ancillary probate arises when the decedent owned property in New York but was not a state resident. In such cases, the primary probate process typically occurs in the decedent’s home state, and ancillary probate is required to address the New York property.

Our skilled probate attorneys can assist in coordinating ancillary probate proceedings, ensuring that all property is properly accounted for and distributed in accordance with the decedent’s wishes or applicable laws.

Contested Probate

Contested probate involves disputes and legal challenges related to the will’s validity, the interpretation of its terms, or the actions of the executor/administrator. Such cases can be emotionally charged and complex.

Morgan Legal Group P.C. has experience in handling contested probate matters. Our probate litigators will work diligently to protect your interests, whether you are contesting a will or defending its validity. We strive to achieve efficient resolutions through negotiation or, if necessary, through litigation in court.

Contact Morgan Legal Group P.C. for Probate Assistance

If you’re facing probate matters in New York, the experienced probate attorneys at Morgan Legal Group P.C. are here to assist you. Whether you’re dealing with testate or intestate probate, small estate matters, ancillary probate, or contested probate cases, our skilled legal team is dedicated to providing effective guidance and representation. Contact us today to schedule a consultation and learn how we can help you navigate the complexities of probate and estate administration.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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