Probate in Astoria
After your death, the person you named in your will as executor -- or, if you die without a will, the person appointed by a judge (usually you next of kin) -- files papers in the local probate court. The executor proves the validity of your will and presents the court with lists of your property, your debts, and who is to inherit what you've left. Then, relatives and creditors are officially notified of your death.
Your executor must find, secure, and manage your assets during the probate process, which commonly takes a few months to a year. Depending on the contents of your will, and on the amount of your debts, the executor may have to decide whether or not to sell your real estate, securities, or other property. For example, if your will makes a number of cash gifts but your estate consists mostly of valuable artwork, your collection might have to be appraised and sold to produce cash. Or, if you have many outstanding debts, your executor might have to sell some of your property to pay them.
In Astoria, New York, immediate family members may ask the surrogate's court to release short-term support funds via what's called a Petition for "Preliminary Letters" while the full-blown probate proceedings proceed. Then, eventually, the court will grant your executor permission to pay your debts and taxes and divide the rest among the people or organizations named in your Will. Finally, your property will be transferred to its new owners.
Does all property have to go through probate when a person dies?
No. Only assets titled in your name and not having a beneficiary designation will pass through the Will. Property that passes outside of your Will -- say, through joint tenancy or a living trust -- is not subject to probate.
Who is responsible for handling Probate?
In most circumstances, the executor named in the will takes this job. If there isn't any will, or the will fails to name an executor, the probate court names someone (called an administrator) to handle the process. Most often, the job goes to the closest capable relative or the person who inherits the bulk of the deceased person's assets.
Should you plan to avoid Probate?
For the most part, yes. Probate rarely benefits your beneficiaries, and it always costs them money and time. Sometimes avoiding probate is as easy as adding a beneficiary designation to an account. Other times, a Trust or even a number of Trusts may be the optimal solution. Estate Planning and the avoidance of Probate should be approached on a case by case basis.
Whether to spend your time and effort planning to avoid probate depends on a number of factors, most notably your age, your health, and your wealth. If you're young and in good health, adopting a complex probate-avoidance plan now may mean you'll have to re do it as your life situation changes. And if you have very little property, you might not want to spend your time planning to avoid probate because your property may qualify for your state's simplified probate procedure; for example a "Voluntary Administration" in Astoria, Queens if your estate is under $30,000.
But if you're in your 50s or older, in ill health, or own a significant amount of property, you'll probably want to do some planning to avoid probate.
If you are unsure of whether or not Probate should be a concern of yours, contact our office today and get the information you need.