Best Probate Lawyers in Albany

FAQs

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

  You can reach the Albany Police at 518-438-4000 for non-emergencies.

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

  To get a copy of a police report, email a request to the Albany Police at apdreportrequest@albanyny.gov. Include in the email the date of the incident, the incident number, your name, and a copy of your valid ID.

• Are small estates required to be probated in Albany?

  Small estates, those worth below $30,000, need not go through probate in Albany. Note that seemingly large estates may become “small estates” when accounted for under the state’s probate laws. Only assets that are solely under the decedent’s name are considered in the estate. Properties co-owned with their spouse and others are not counted towards the $30,000. It is advised that you consult a probate lawyer to validate if your loved one’s estate needs to be probated or not.

• Will your estate have to go through probate when you pass away if you have a valid will prepared in Albany?

  Yes, all estates with wills, whether valid or not, will be probated in Albany. In New York, probate means the process of submitting the decedent’s will along with a petition to the probate court and being validated as genuine by the court. Once validated, the will’s executor receives Letters of Testamentary, giving them the authorization and fiduciary duty to collect the decedent's properties, settle debts, pay off administrative expenses, file the estate’s tax returns, and distribute inheritances to beneficiaries.

• What if the decedent left no will, will their estate be probated in Albany?

  If the decedent left no will, their Albany estate will go through the process of “administration” instead of probate. The court will appoint an estate “administrator,” a role which can be applied for by the decedent's “closest distributees” like the spouse or adult children. The Administrator will perform the same functions as an executor in a willed estate, such as debt settlement and asset distribution. Since there is no will, asset distribution will be according to levels of kinship.

• Can the family home be taken during probate in Albany for the purpose of paying off the decedent’s debts?

  In general, no. Section 5206 of the New York Consolidated Laws exempts homesteads utilized as primary dwellings from creditor claims. However, homesteads are only exempt up to a specific value. The homestead exemption in Albany County is up to $125,000. The following are considered "homestead" properties:

  • Land lot with a dwelling
  • Condominium or apartment unit
  • Mobile home
  • Cooperative apartment corporation stock shares

• How long does the probate process take in Albany?

  The probate process in Albany typically takes a minimum of seven months, usually nine months. This is due to New York’s Surrogate's Court Procedure Act Section 1802, which releases an executor from liability for creditor claims made after seven months. Essentially, the executor must allow seven months to receive claims and pay them off before they can distribute the decedent’s remaining assets to beneficiaries. If you have been appointed as executor, it is recommended to seek guidance from an Albany probate lawyer.

• 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.