When your loved one has passed away, you may be wondering whether you need to be probate an estate. The probate process can be a lengthy, costly, and complicated one so many people would prefer to avoid it. However, whether you will need to go through probate or not is going to depend upon the value of the estate as well as the steps that the deceased person took to facilitate the transfer of assets. There are many circumstances in which it is possible to avoid probate if advanced plans are made, but unless those steps are taken before death, chances are good that heirs or beneficiaries will have to go through the probate process.
Mark S. Eghrari & Associates, PLLC can provide you with legal help if you are going through probate. We can work closely with you to understand how the process works and we can represent you throughout the process to maximize the chances of probate going smoothly and completing quickly.
We can represent the executor of an estate as he or she fulfills his duties, and we can also provide representation to heirs or beneficiaries who want to ensure that the probate process goes as smoothly as possible. Our firm can also provide assistance taking steps before your death to ensure your heirs or beneficiaries can avoid having to probate an estate. You should give us a call to find out more about the assistance we can offer.
Will You Need to Probate an Estate?
In the state of New York, estates will need to be probated unless there is less than $30,000 of personal property being passed on. If a deceased person owned real property — such as a home or other real estate investments — then the estate is always going to have to pass through the probate process unless plans are made to avoid this.
If the deceased owned less than $30,000 of personal property, a simplified administration proceeding can take place instead of the probate process. As the New York Unified Court System website explains, this administration process can be used to transfer small estates regardless of whether or not the deceased person had a last will and testament.
Once a deceased person has passed away, there is no longer anything that can be done to avoid the probate process if the value of the estate exceeds $30,000. However, there are many steps that people can take during their lifetimes to try to ensure that their loved ones won’t have to cope with probating an estate. This can include working with an estate planning lawyer to create a trust and transfer assets so those assets can transfer through the trust administration process. It can also include using pay on death accounts and structuring the ownership of assets as joint tenants with rights of survivorship so those assets pass automatically on to new owners outside of probate.
There are many circumstances where it makes sense to help your loved ones avoid probate, especially if they will be counting on their inheritance to provide them with financial support after you have passed away.
Getting Help from a Probate Lawyer
A probate lawyer at Mark S. Eghrari & Associates, PLLC can provide personalized assistance with the entirety of the probate process and with all legal issues related to planning to avoid probate. Whether you are making your estate plan and hoping to facilitate the transfer of your assets outside of probate or whether you are coping with the death of a loved one and going through the probate process, we can provide the help and support that you are looking for.
To learn more about all of the different ways that our probate lawyers can help you, join us for a free seminar. You can also give us a call at (631) 265-0599 or contact us online to get a compassionate and knowledgeable member of our legal team working on your situation.