Probate

The probate process has a bad reputation. Fortunately, Leonick Law has been working with the probate departments on Long Island and New York City for many years. That means a speedy resolution to your matter with fewer obstacles along the way to cause you anxiety.

Many people are fearful of probate because they think that it will be a long, expensive process and they dread having to get involved with it. In reality, probate is not a process you should fear. It is simply the process of obtaining the legal authority necessary to distribute a deceased person’s estate. This is a process that can be safely navigated, without undue expense, with the assistance of an experienced estate attorney. If the person who died (known as the decedent) had a last will and testament (will for short), then the process required to give someone legal authority to act on behalf of the decedent’s estate is called probate. The person appointed will be the executor, who is named in the decedent’s will.

If the deceased person died without a will, then the process to give legal authority over the estate is called administration. Various interested people can petition to be the estate administrator. If no one is available, then an official known as a public administrator may be appointed by the court.

When disagreements arise regarding who should be appointed, or whether the will being presented is the most current, or whether the decedent was competent or under undue influence when their estate plan was created,  then court proceedings may be required. Most estates go through the probate or administration process smoothly and efficiently, without litigation and without excessive costs.

Subscribe

Subscribe to our newsletter