No. The main purpose of probating a decedent’s will is to allow for the legal transfer of the probate assets to the beneficiaries named in the will. The probate assets consist of any assets owned individually by the decedent, in addition to any assets owned by the decedent naming his or her estate as the beneficiary. Other assets, such as assets with a named beneficiary other than the estate assets held jointly between the decedent and another individual as joint tenants, and assets with “payable upon death” provisions are …

Generally speaking, it is quite difficult to successfully challenge a decedent’s Will which has been offered for probate. There are several legal grounds for contesting the probate of a Will, which include:
a) Defective Execution- the formalities and requirements of the Will signing “ceremony” were not adhered to;
b) Valid Revocation- the will being offered for Probate was validly revoked by the testator;
c) Lack of Testamentary Capacity- the testator was not of sound mind when the Will was executed;
d) Undue Influence- the testator was coerced by …

The Surrogate’s Court charges a filing fee when an estate is initially opened, which is based upon the total value of the probate assets in the estate. Those filing fees range from $45.00 for an estate in which there is less than $10,000 in probate assets, to $1,250.00 for an estate in which the assets total $500,000 or more.
There are also miscellaneous filing fees charged by the court if there are additional proceedings necessary during the course of the estate, such as the appointment of a trustee named in a …

The costs associated with probate proceedings vary greatly depending on the complexities of each particular case. Legal fees associated with a simple probate will be comparatively modest in comparison to those in a contested probate matter.  Probate is simple where all of the parties are close relatives and are in agreement with the terms of the Will.  In addition to legal fees, the Surrogate’s Court charges probate filing fees based upon the value of the gross estate.
In New York, there is no set legal fee for a probate proceeding so …

Estate planning focuses on the disposition of your assets after your death, but it can also involve planning for the use of your assets for your care if you become unable to manage your own affairs during your lifetime. When planning your estate, it is easy to make mistakes that sabotage your goals and cause chaos for your family. Below are some of the most common estate planning mistakes and oversights that later can cause chaos for your family. These can be avoided by seeking the guidance of an attorney who specializes in the field of estate planning.

Every estate may be subject to two types of death taxes, depending on the total value of all assets including the taxable estate and to whom the assets pass. The taxable estate is not the same as the probate estate. The taxable estate includes both probate and non-probate assets.

The executor (or administrator if there is no will), typically under the guidance and direction of a lawyer, is personally responsible for the proper handling and settlement of the decedent’s estate. The executor or administrator is required to (among other things):
– Notify heirs-at-law and creditors of the probate proceedings.
– Take possession of, inventory, preserve and invest the probate assets of the deceased.
– Collect all income, such as rents, interest and dividends, demand and collect all debts, claims and notes due.
– Manage any business owned by the deceased.
– Determine the names, …

There certainly are some advantages to avoiding probate. These include the following:
Minimizing fees. Although probate is fairly streamlined in New York compared to states like California and Florida, it does involve lawyer fees and court filing fees. This can be an expensive proposition in many cases. This is especially true if you own real estate in a different state, because probate proceedings would be required in both states. These fees can be reduced or eliminated by avoiding probate. Many estate planning attorneys will use a living trust to avoid …

As a purely legal matter, you always are free to handle any matters, including probate, on your own. However, as a practical matter, I would advise against it. The rules and requirements of probate are very technical. A lay person typically does not fair well without an attorney in the probate process. An experienced probate attorney knows the procedures and rules for handling a probate proceeding so that the process goes smoothly. A person who tries to handle probate without an attorney also risks unnecessary delay associated with failure to …

What if the New York Decedent Left No Will? If someone dies without a will (and has not used any other legal method to transfer property at death, such as a trust), the person had died intestate. The distribution of an intestate estate is governed by the law of New York State and is known as intestate administration.