Best Probate Lawyers in Albany

Frequently Asked Questions

• 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.