Best Probate Lawyers in Rochester, NY

FAQs

• What is the non-emergency contact number for the local police station in Rochester, New York?

  The non-emergency contact number for the Rochester Police Department is 311. If you're outside the city of Rochester, you can call 585-428-6720.

• Where can I get a copy of police reports for incidents related to my case in Rochester, New York?

  You can get a copy of police reports for incidents related to your case in Rochester online at https://buycrash.lexisnexisrisk.com/search/. The report is available for $0.25 per page for involved parties. If you are not an involved party, you may request it online at www.cityofrochester.gov/FOIL or in person at Accident Records at the City Public Safety Building, 185 Exchange Blvd.

• How are assets distributed under intestate succession in Rochester?

  In Rochester, your next of kin will be entitled to receive your assets upon your death under the rules of intestate succession. The first in line to be eligible to receive your assets are your spouse and children. Those who are legally adopted are also treated the same way as biological children. However, foster children and stepchildren who were never legally adopted are not treated like biological children and would not receive anything from your estate. Additionally, grandchildren are eligible to receive their parent's share if their parent dies before them.

• What happens if you die without a will in Rochester?

  If you die without a will in Rochester, your heirs must go to the surrogate's court, where the surrogate will appoint one or more of your heirs as administrators. The appointed administrators will then handle your estate. The state can also write a will for the deceased by taking into account all individually owned property that passes according to the New York laws of intestacy. The assets will then be distributed to the deceased's heirs. If the deceased has no heirs, the property escheats (ownership reverts) to New York State, and the equivalent monetary value will be held in a fund by the New York State Comptroller indefinitely.

• What are the duties of an executor in Rochester?

  Once a decedent's will goes into probate in Rochester, an executor needs to do their job. An executor can be a relative, a close friend, a trusted advisor, or even a financial institution. An executor's job is to collect the decedent’s assets, pay the debts, and distribute the net proceeds of the estate in accordance with the terms of the will. It is also their responsibility to act for the benefit of the estate without self-interest or favoritism.

• Do all assets go through probate when an individual dies in Rochester?

  Only certain types of assets are considered probate assets in Rochester. Any asset that belongs solely to the deceased and does not have a beneficiary designation is a probate asset. Common types of assets included in probate proceedings include belongings like cars, furniture, or other valuables; bank accounts; and residences and real estate. Once probate is complete, the deceased's beneficiary will inherit the property named after them.

• How long is the probate process in Rochester?

  There is no definite timeline when it comes to the probate process, as every estate has its own challenges. Probate matters may take months or years to resolve. The average length of the basic steps in the probate process in Rochester is about four to six months to appoint an administrator or executor of the estate, about six to nine months to settle the estate, and about two to three months to close the estate.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.