Best Probate Lawyers in New Rochelle

FAQs

• 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  • It is established that the will has not been revoked.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.

• 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.