When a loved one passes away, navigating the aftermath of their death can be incredibly difficult. Not only are you mourning this loss, but you may also be required to probate their estate on their behalf. Unfortunately, this is a complicated process in which you are responsible for ensuring that their estate is validated and their assets are distributed in accordance with their will or state law. As such, the first step in this process is to learn what documents are required to probate an estate. The following blog explores what you should know about these matters, including the importance of working with a Nassau County estate planning lawyer to discuss your legal options during these complex matters.
What Is Probate and Is It Required?
While estate planning seeks to protect the estates of individuals, probate is the process of settling an estate following death. In general, you’ll find that the primary purpose of probate is to validate the will, if one exists, appoint an executor, and oversee the distribution of assets.
Generally, when someone passes away, the court will examine their will to ensure it is not only valid, but that there are no issues concerning the testator’s mental state or the presence of undue influence when they were creating the will.
In the event that there is no will, it means that the testator passed intestate. As such, the court will abide by New York’s intestate line of succession when distributing assets. This is a predetermined hierarchical order of inheritance based on the kin of the deceased.
What Documents Do I Need to Begin the Probate Process in New York?
When initiating the probate process in New York, understanding your legal options is critical. In general, one of the first documents you’ll need to obtain to begin this process is a death certificate. Until this has been submitted, the probate court cannot begin this process. You can obtain a copy through the New York Department of Health. Next, you’ll also need to submit the original will of the deceased. It is critical to ensure that this is the signed, original document. If the will cannot be located, you’ll need to pursue a lost will proceeding, which is a much more complicated process.
In addition to these documents, you’ll need to file a petition for probate with the court, as this will formally open the estate. Next, you should gather copies of important financial records, like deeds or titles to real estate, bank account statements, investment portfolios, and even an inventoried and valued list of assets.
As you can see, navigating the probate process while mourning the loss of your loved one can be incredibly difficult. That is why working with an experienced estate attorney with Barrows Levy PLLC is in your best interest. We understand how complicated it can be to navigate this process on your own, which is why we are here to help. Contact our office today to learn how we can represent you in these matters.
