Best Probate Lawyers in New Rochelle

Frequently Asked Questions

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

  The non-emergency contact number for the New Rochelle Police Department is 914-654-2300.

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

  You can get a copy of police reports in New Rochelle from the Records Unit of the New Rochelle Police Department. Call 914-654-2235 to make a request. One of the employees should be able to facilitate the request.

• Can a lost or destroyed copy of a last will and testament be probated in New Rochelle?

  Yes. A lost or destroyed copy of a last will and testament in New Rochelle may be admitted to probate pursuant to New York Surrogates Court Procedure Act (SCPA) 1407. However, there are conditions that apply. The will may only be probated if:

  • It is established that the will has not been revoked.
  • Execution of the will is proved through the requirements for the probate of an existing will.
  • Every provision in the will is proved clearly and distinctly by at least two trusted witnesses or via a copy or draft of the will proved to be true and complete.

• What is the difference between probate and non-probate assets in New Rochelle?

  In New Rochelle, assets can either be probate or non-probate. The decedent owns all probate assets on an individual basis; there is no named beneficiary or survivorship right. This can include real property, bank accounts, or life insurance policies. Non-probate assets have a beneficiary designation or rights of survivorship. Examples include a jointly held bank account, a life insurance policy with a named beneficiary, or real property held by two individuals as joint tenants with rights of survivorship.

• Do small estates need to go through probate in New Rochelle?

  In New Rochelle, probate may not be necessary if the estate is small. If the decedent had less than $50,000 of personal property and died either with or without a will, a small estate or voluntary administration proceeding can be filed as an alternative to probate. The estate executor or voluntary administrator needs to file an affidavit of voluntary administration, along with the death certificate and the will, with the local New York Surrogate Court. Then he or she can begin compiling the assets of the estate and distribute them once the voluntary administration is granted.

• How long does probate take in New Rochelle?

  There is no precise answer as to how long probate takes in New Rochelle, as every estate has its own challenges. However, the average timeline of a probate process takes about 12 to 15 months. Some even take years to resolve. Factors like the complexity of the assets, will contests, or accounting costs can affect the length of the probate process.

• Is there a deadline to probate a will in New Rochelle?

  There is no statute of limitations on probating a will in New Rochelle. However, it is still recommended to file and probate a will as soon as possible. This is so the petitioner wouldn't need to provide an affidavit explaining the reason for the late probate filing and if there are any beneficiaries or creditors affected by this action.