Best Probate Lawyers in Schenectady

Frequently Asked Questions

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

  518-630-0911 is the non-emergency contact number for the local police station in Schenectady.

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

  You may obtain a copy of the reports you need by accessing the Schenectady County Public Records online platform at https://www.countyoffice.org/schenectady-county-ny-public-records/, which provides the links to the different record resources.

• In Schenectady, which court should you go to for a probate claim?

  The probate claim will be heard at the county court where the decedent resided when they died. Probate hearings in Schenectady take place in the surrogate's court, housed in the Schenectady County Judicial Building at 612 State Street, Schenectady, NY 12305. The court will handle legal proceedings involving wills and the distribution of estates.

• What documents must you prepare for probate in Schenectady?

  The documents that must be prepared for probate in Schenectady, including the original will, a certified copy of the death certificate, the funeral bill and receipt, a petition for either letters testamentary or letters of administration outlining information on the deceased person's heirs, assets, and prospective debts, and the affidavits of heirship. All filed documents will be presented to the surrogate's court after the relevant parties have signed.

• What is the role of the executor in a probate process in Schenectady?

  The deceased names an executor to carry out their final wishes through Schenectady probate. Executor duties include:

  • Filing a court petition to initiate the probate process;
  • Submitting an inventory of the decedent's property within nine months after the petition's approval;
  • Gathering the properties and establishing an exclusive estate bank account for the finances;
  • Assembling the accounting of the processes done to the assets to show the beneficiaries;
  • Distributing assets to the beneficiaries listed in the will;
  • Obtaining a release from the recipients verifying that they have received their inheritance.

• How does the probate court in Schenectady deal with cases if the decedent died without a will?

  When the decedent dies without a will in Schenectady, their assets are distributed to their next of kin following the state's probate laws. The first $50,000 plus half of the remainder will go to the spouse, while the remaining assets will be divided equally among the children. If the decedent has no children, the spouse acquires the inheritance. Likewise, if there is no spouse, the children will inherit. If one of the children predeceases the decedent, their offspring will receive instead. The inheritance will be given to the decedent's parents or siblings if there is no spouse, children, or grandchildren.

• How much will you spend in probate in Schenectady?

  Probate costs in Schenectady vary, but you can expect to pay the following:

  • Attorneys fees;
  • Executor compensation commission, ranging from 5% on the first $100,000 in the estate to 2% on the amount above $5,000,000;
  • Executor or administrator bonds;
  • Federal and state estate taxes;
  • Court and filing fees range from $100 to $1,200;
  • Certificate fees, which can cost from $5 to $20 per copy;
  • Appraisal expenses.