Saratoga Probate Lawyers
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Saratoga Probate Lawyers
This is a difficult time for you and your family. Losing one you love is hard. We want to make these next steps as easy as possible. Learn what probate is and how it is used here. Our Saratoga probate lawyers can guide you through any questions you have regarding probate.
Probate and the Deceased’s Will
In most cases, we strongly encourage that you file with probate court as soon as you can. We understand moving right into legal action after a loved one dies is difficult, but it is necessary work. You will want to bring the deceased’s will to authenticate it. You will also be able to open probate of the estate. Be aware that you may need the death certificate with the will and the petition for probate.
We can help you through this stage. You don’t have to feel confused or alone. It is something we as knowledgeable Saratoga probate lawyers handle all the time. You can reach out for help.
If your loved one had a will, it will be authenticated at this time. You may have to schedule a hearing. If that happens, you have to let all the beneficiaries know about the hearing. All heirs need to know as well what is expected and required of them.
A hearing will allow everyone involved to have an opportunity to say yes or no to going through with probate. Some may opt out for reasons you were not aware of before a hearing. It could have to do with updated wills you don’t have yet or an issue with who was appointed the executor.
To know that the will the court has is legitimate, the court may rely on witnesses. They will look to see if there are any affidavits that were signed and by whom.
If there were no official witnesses to a will, there may be a few people who will have to swear in court that they saw the will get signed by the deceased loved one.
Executor to the Estate
During the early stages of the process, the judge will be appointing someone to be the personal representative or the executor. This person is responsible for helping make sure that this whole process goes smoothly. They are the ones in charge.
The deceased will typically appoint this person in their last will. If there is not a will, then the judge is going to appoint the next of kin to be executor. That might be a spouse or a son or daughter who is not a minor. The appointed one does not have to step up to be the executor. They can have the court choose someone else. You can let your Saratoga probate lawyers know who is or isn’t willing to be executor.
Whoever does step up to be the executor is going to get official documentation that will let them take control of the estate. These documents are called letters of administration. They state that you can move money, as well as other things you wouldn’t be able to do with the estate, if you weren’t executor.
Serving clients in Saratoga, Albany, Warren, Washington, Schenectady, Rensselaer, Green, and Columbia
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Frequently Asked Probate Questions
What is the probate process and how long does it take in New York?
Probate is the court-supervised process of validating a will, appointing an executor, inventorying assets, paying debts and taxes, and distributing property to beneficiaries. In New York, probate typically takes 6-18 months for straightforward estates, but complex estates or contested matters can take several years. The timeline depends on estate size, asset complexity, creditor claims, tax issues, and whether disputes arise.
Do all estates have to go through probate in New York?
Not all estates require probate. Assets that avoid probate include jointly owned property with right of survivorship, assets with beneficiary designations (life insurance, retirement accounts), payable-on-death accounts, transfer-on-death securities, and assets held in revocable living trusts. However, assets owned solely by the deceased or as tenants-in-common typically require probate for proper transfer.
What are the main responsibilities of an executor during probate?
Executor responsibilities include filing the will and probate petition, obtaining Letters Testamentary, inventorying and appraising estate assets, notifying creditors and beneficiaries, paying valid debts and taxes, managing estate property, filing required tax returns, preparing final accounting, and distributing assets according to the will. Executors have fiduciary duties requiring careful record-keeping and adherence to legal requirements.
Can I contest a will, and what are valid grounds for a will contest?
Yes, interested parties can contest a will on several grounds including lack of testamentary capacity (mental incompetence), undue influence, fraud, duress, improper execution (not meeting legal requirements), or forgery. Will contests must typically be filed within specific time limits after probate begins. Evidence such as medical records, witness testimony, and expert opinions may be needed to support contest claims.
How much does probate cost and who pays the expenses?
Probate costs vary but typically include court filing fees ($400-$1,500), attorney fees (often 2-5% of estate value), executor fees (usually 2-3% of estate value), appraisal costs, accounting fees, and potential bond premiums. All probate expenses are paid from estate assets before distribution to beneficiaries. Complex estates or contested matters result in higher costs due to additional legal work and court proceedings.
What happens if someone dies without a will in New York?
When someone dies intestate (without a will), New York’s intestacy laws determine asset distribution. Generally, surviving spouses and children inherit in predetermined shares, with specific percentages based on family circumstances. The court appoints an administrator to handle estate administration. Intestacy can result in unintended distributions, higher costs, and family disputes, making estate planning crucial.
Do I need a probate lawyer for my estate case in Saratoga?
Yes, probate involves complex legal procedures, strict deadlines, and potential liability for executors, making experienced legal representation essential. Mahserjian & Mahserjian-Ortiz, PLLC provides comprehensive probate services including executor guidance, court filings, asset management, creditor negotiations, tax preparation, and dispute resolution. Our experienced attorneys ensure proper estate administration, protect beneficiary interests, and minimize delays while navigating New York’s Surrogate’s Court requirements efficiently.
Probate and the Estate Assets
The first thing the executor has to do is find all of the assets the loved one left behind and take control of it so that the probate process can take effect. This process can take some time and may require you to be a bit of a detective to uncover all of the assets. Sometimes your loved one has assets all over the place that you weren’t yet aware of. Again, your Saratoga probate lawyer will be able to guide you on the details of this process.
To protect the assets, you are not expected, for example, to live in their home. You just need to make sure that insurance and taxes are all paid for, as well as the mortgage, if you want to keep that house.
You are however more than able to take the items that you want to protect and put them into your possession. That might be something like a guitar collection that isn’t necessarily yours but you want to make sure it’s safe and not sitting in an empty home.
Allocating the Estate
After all of the nitty gritty is done, then you have the job of handing out the estate. You can go through the court to dole out the estate as per the wishes in the last will. You will need to sign off on each transaction as you have for all of the probate process. Your Saratoga probate lawyers will be there to help you understand this process better.
Call Our Saratoga Probate Lawyers Today
If you want someone at your side to help you who knows what they are doing, please give us a call. We want to help you get through this without struggling or feeling confused. We can help. Contact our office today!