Levittown Probate Attorney

There are several steps involved in the probate process, which you will have to get through if a trust was not created.

Here are some of the steps involved in probate:

• File the probate petition: The will’s executor will have to file the original will and a certified copy of the death certificate and other supporting documents. The size of the estate will determine the filing fee.
• Provide notice: All creditors, heirs, and beneficiaries will need to be mailed a notice, stating that the estate is in probate.
• Inventory the estate’s property: The decedent’s belongings must be collected and appraised.
• Satisfy all outstanding taxes and debts: Home equity loans, income taxes, and other applicable accounts will need to be paid off. If the decedent’s estate does not have enough cash, assets may have to be sold.

• Distribute the remaining property: The heirs of the estate will be served a notice, requiring them to submit to the jurisdiction of the Surrogate’s Court.

Moreover, the probate process is treated as a matter of public record under New York state law.

The Advantages of Probate

Although the probate process is often seen in a negative light, it actually presents some benefits.

Here are some of the advantages associated with the probate process:

• The court can validate the will through probate
• It is easier to resolve conflicts, such as will contests
• The executor of the estate will be supervised
• Creditors have a limited window of opportunity to file a claim