The Steps Involved In The Probate Process In New York

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The Steps Involved In The Probate Process In New York

The probate process can seem daunting, especially during a time of grief and loss. In New York, understanding the steps involved is essential for efficient estate administration. At Morgan Legal Group in New York City, we specialize in guiding individuals through the probate process with care and expertise. In this comprehensive guide, we will walk you through the steps involved in the probate process in New York, offering insights into legal requirements and how to navigate probate efficiently.

Step 1: Filing the Petition

The probate process begins with the filing of a petition for probate in the Surrogate’s Court of the county where the deceased person, known as the decedent, resided at the time of their death. This petition is typically filed by the executor named in the decedent’s will or by an interested party if there is no will (intestate).

The key documents to submit with the petition include the original will (if one exists), a death certificate, a list of known heirs and beneficiaries, and any other required supporting documentation. Once the petition is filed, the court will schedule a hearing to review the case.

Step 2: Notification to Heirs and Beneficiaries

After the petition is filed, the court will require that notice of the probate proceeding be given to all interested parties, including heirs and beneficiaries. This notice is typically served through formal methods, such as certified mail or publication in a local newspaper. Interested parties have the opportunity to contest the will or raise objections during this stage.

Step 3: Will Validation

During the probate process, the court will examine the validity of the will. This includes confirming that the will was executed correctly, the decedent had the mental capacity to make a will, and there was no undue influence or fraud involved. If the court determines that the will is valid, it will proceed with the appointment of the executor.

Step 4: Executor Appointment

The court will officially appoint the executor named in the will or, if there is no will, an administrator to manage the estate. The executor or administrator is responsible for gathering and managing the decedent’s assets, paying debts and taxes, and distributing assets to beneficiaries according to the will or state intestacy laws.

Step 5: Asset Inventory

Once appointed, the executor or administrator must inventory the decedent’s assets. This includes identifying and valuing all assets, such as real estate, bank accounts, investments, personal property, and more. An accurate inventory is crucial for estate administration and tax purposes.

Step 6: Debt Settlement

The executor or administrator is responsible for paying the decedent’s debts and taxes from the estate’s assets. This includes notifying known creditors, resolving claims, and filing necessary tax returns, such as income tax and estate tax returns. Debts and taxes must be settled before distributing assets to beneficiaries.

Step 7: Asset Distribution

After settling debts and taxes, the executor can proceed with the distribution of assets to the beneficiaries as outlined in the will or according to state laws if there is no will. This stage requires careful record-keeping and adherence to legal requirements to ensure fair and accurate distribution.

Step 8: Final Accounting and Court Approval

The executor is required to prepare a final accounting of all estate transactions, detailing income, expenses, and asset distributions. This accounting must be submitted to the court for review and approval. Once the court approves the final accounting, the executor’s duties are considered complete.

Step 9: Closing the Estate

With court approval of the final accounting, the executor can proceed to close the estate. This involves transferring any remaining assets to the beneficiaries, settling any outstanding matters, and closing accounts related to the estate’s administration.

Step 10: Discharge of Executor

Upon successfully completing all required tasks, the executor can petition the court for discharge, signaling the end of their responsibilities. The court will review the estate’s administration and, if satisfied, grant the executor’s discharge, officially closing the probate process.

Conclusion

The probate process in New York involves several steps, each with its own set of legal requirements and complexities. Navigating probate can be challenging, but with the guidance of experienced legal professionals like those at Morgan Legal Group, you can ensure a smoother process and efficient estate administration.

If you have questions or need assistance with the probate process in New York City, don’t hesitate to reach out to us. Our team of knowledgeable estate planning attorneys is here to provide the guidance and support you need.

Note: The above is a fictional blog post and does not represent legal advice. It is meant for illustrative purposes only.

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Paul Gleason

10:42 06 Dec 23

Miguel Taylor

15:24 29 Nov 23

Shelley Moore

10:23 28 Nov 23

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Gareth Farmer

16:03 24 Nov 23

Mr. Morgan comes highly recommended by me because of his great sensitivity, compassion, and legal guidance. He offered good advice on the documents needed for the in-person meeting and guaranteed transparency in declaring probate and revising my records to conform with New York rules.Mr. Morgan patiently listened to my issues and did a quick examination of my out-of-state documentation during the informative and beneficial in-person discussion. He assured me that they would be accepted in New York without any problems, but he also promised a more thorough check.Mr. Morgan kept outstanding communication throughout the probate procedure and the evaluation of my out-of-state documents. He also advised me on how to update my estate planning documents in light of my new circumstances. I greatly valued his practice.

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08:41 22 Nov 23

I had a fantastic experience with Atty. Russel Morgan and his entire legal team. The entire process was faultless, from the initial consultation at their law firm office to the final preparation and signing of my Estate Planning package. This has given me enormous peace of mind, knowing that in the event of incapacity or premature death, all of my intentions will be carried out and implemented. Atty. Russel Morgan and his colleagues genuinely deserve a 5+ star review for the professionalism, sensitivity, and generosity exhibited to me as a client.

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15:35 06 Nov 23

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17:01 03 Nov 23

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14:11 03 Nov 23

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14:56 20 Oct 23

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14:45 09 Oct 23

When we were in need of a Family Trust/Estate Planning lawyer, our search led us to Russel Morgan. I must admit, I had some initial apprehension and nervousness when first contacting Russel via phone and email. After all, it involved sharing personal information with someone unfamiliar. However, all those concerns vanished during our very first office meeting with Russel Morgan. It became clear that we had made the right decision! Russel is not only extremely nice and easy to work with, but also highly professional. He possesses a deep understanding of his field and ensures that no detail goes unnoticed. If you’re looking for a Family Trust/Estate Planning attorney, look no further – we whole-heartedly recommend him. He truly is exceptional! 😉

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11:11 08 Oct 23

So a helpful and highly caring attorney.Russel spent a lot of time with my wife and me and ensured we were getting all the details when it came to creating our wills and family law issues including our prenuptial agreement. He followed up on time and was responsive to our emails. His advice made the process easy and understandable, and this is his merit. We have peace of mind that our documents are well composed – a very reassuring and refreshing experience, mainly because we expected a stressful and complicated process.Thank you, Russel, for your time and attention.

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Jodi Cullins

14:59 06 Oct 23

I’ve always been impressed by Russel’s professionalism ever since we first met. Whenever I have questions about estate planning he’s always quick to respond and goes above and beyond to help me understand the complexities of the field. Despite the distance between us Russel makes it easy for us to communicate through channels like phone, email and text. He even offers weekend appointments, which’s really convenient for someone like me who works away from his office.What really sets Russel apart is his commitment to prioritize his clients best interests, which is a rare quality in today’s market.I’m excited to continue working with Mr. Morgan in the years

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19:10 04 Oct 23

Highly recommend Russel Morgan who helped me write up my estate planning. He was informative and accommodating, considering I needed planning over multiple states and jurisdictions. He took my needs and wishes into account and made the process super easy and when I got stuck or had issues with my financial institutions he offered to speed things along by dealing with them so I didn’t have to if I wished. I am incredibly pleased with his services and plan to use services in the future if I should need other things handled

Charles Campbell

15:31 26 Sep 23

Our experience working with this law office has been truly exceptional. Right from the start of our journey in estate planning it was clear that Mr. Morgan possesses the expertise to uphold the standards of professionalism in this field. Not that, but his warm and friendly approach along with his staff immediately made us feel comfortable and showed care. Mr. Morgan skillfully guided us in defining our term and long term goals and objectives. We strongly recommend his services to anyone in need of compassionate estate planning assistance.

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13:36 19 Sep 23

I finally took action on something I had been thinking about for a while… I decided to hire Russel Morgan to set up a revocable trust for me! This choice ensures that all my valuable possessions, including my house, retirement plans, life insurance and personal belongings are now protected within a trust. As a result when the inevitable time comes my family won’t have to go through the complexities of probate court to access these assets. I can’t stress enough how strongly I recommend Russel Morgan. He not thoroughly explained the trust process but also provided me with documentation that exceeded my expectations! It feels really good to have achieved this milestone!

Richard Francis

14:12 08 Sep 23

My wife and I recently sought the assistance of Russel Morgan to help us create an estate plan. We had been putting off making this decision for a while, unsure of where to start or how to proceed. Our hesitation was partly due to concerns about the expenses involved and also because we didn’t want to admit that we had reached a stage in life where having an estate plan was truly necessary.If you’re finding yourself delaying this decision I can assure you that Russel Morgan can simplify the process of creating a personalized estate plan that suits your needs.. The best part is it won’t cost you a fortune. Russel offers this service at a one time flat fee, which includes any necessary revisions, throughout your lifetime at no extra charge.

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14:41 05 Sep 23

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13:50 01 Sep 23

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Amy Buzick

13:49 29 Aug 23

We’ve had an experience collaborating with Mr. Morgan. Dealing with the probate process during a time after losing my parents has been physically and emotionally exhausting. That’s why it’s so important to find someone dependable to help you in situations… That someone is Mr. Russel Morgan. What makes him stand out is his attentiveness and accessibility. Unlike attorneys we’ve worked with in the past who lacked communication skills Mr. Morgan ensures that we stay well informed about the progress of our case. Whether its, through email responses, text messages or brief conversations he and his team consistently deliver service ! Working with Russel Morgan has been sailing. I recommend him without any hesitation !!

Kaylee Lee

10:56 24 Aug 23

Alex Fit

22:20 16 Aug 23

Russel is a wonderful Estate planning lawyer in New York.

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19:47 13 Aug 23

Preston Berry

18:46 13 Aug 23

Russel and his team are absolutely fantastic! My wife and I were looking to establish a trust to ensure that our son would be taken care of in the event of something unexpected, and that our family would be aware of our wishes. Russel has an incredible ability to simplify complex matters making them easily understandable. We were incredibly grateful for his step-by-step guidance, extensive expertise in the subject and his assistance in ensuring that the trust was properly funded.

zakaria tatulishvili

12:16 11 Aug 23

I can’t thank Morgan Legal Group enough for their exceptional estate planning services. Their team made what seemed like a complex process simple and manageable. They patiently addressed all my questions and concerns, ensuring I was fully informed every step of the way. Their attention to detail and commitment to client satisfaction are commendable. I highly recommend Morgan Legal Group to anyone seeking comprehensive and reliable estate planning solutions.

William Johnson

17:25 03 Aug 23

My wife and I approached Mr. Morgan to make revisions to our trust. We communicated our desired changes to him, and he provided us with exceptional advice regarding the requested updates. Additionally he offered valuable suggestions on the existing trust documents. Despite the complexity of our trust, Mr. Morgan efficiently and accurately implemented the updates. The entire staff at Morgan Legal Group was polite, friendly, and prompt in their assistance. We found the cost of these revisions to be very reasonable.Several months later my adult nephew tragically passed away from natural causes, leaving behind his children. During this challenging time, Mr. Morgan made himself available to offer guidance and support as I assisted my brother through the process. I highly recommend Morgan Legal Group for their expertise in trust, probate, and estate planning.

Alexander Merakhovich

17:37 31 Jul 23

Russel Morgan is a true professional with a deep understanding of estate planning laws. He guided me through the entire process with patience and clarity, ensuring that I had a complete understanding of my options. Russel’s genuine care for his clients is evident, and he goes above and beyond to ensure their needs are met. I couldn’t have asked for a better estate planning lawyer. I highly recommend Russel Morgan to anyone looking for reliable and personalized estate planning solutions.

Alex Fit

17:34 31 Jul 23

I had the pleasure of working with Russel Morgan for my estate planning needs, and I couldn’t be happier with the outcome. Russel’s expertise and professionalism were evident from the start. He took the time to understand my unique situation and provided me with invaluable advice to secure my family’s future. Russel’s approachable nature and clear explanations made the process easy to comprehend. I highly recommend Russel Morgan to anyone seeking a reliable and knowledgeable estate planning lawyer in NYC.

Eleanor Sparks

12:12 14 Jul 23

Russel and his team were absolutely fantastic to collaborate with. They consistently made an effort to thoroughly explain every aspect to me, ensuring that I had a clear understanding. Moreover, they were always readily available to address any inquiries I had. What I truly appreciate is that they didn’t simply hand me my Trust paperwork without any context. Instead, Russel took the time to sit down with me, meticulously going through each detail and patiently answering all of my questions. Knowing that I can reach out to him or his team at any given moment for further assistance gives me great peace of mind. Without a doubt, I highly recommend Russel and his exceptional team.

Tristan Thomas

15:01 11 Jul 23

I had a wonderful experience working with Russel and his team at Morgan Legal Group! His exceptional knowledge and professionalism, combined with his personalized and hands-on approach, were truly outstanding and refreshing! The trust notebook we received, along with the electronic copies, were top-notch. Russel provided us with clear explanations, options, and timely recommendations throughout the process. I highly recommend Morgan Legal Group to anyone seeking assistance in building a trust or will. I couldn’t be happier with the outcome documents and the entire process!

Azamat Abdukarimov

11:21 03 Jul 23

Russel Morgan assisted me with my estate planning needs when my daughter left for college. From the moment I walked into his office, Mr. Morgan made me feel welcome and at ease, taking the time to listen to my concerns and answer all of my questions in a clear and concise manner. Throughout the process, he was incredibly attentive to my needs and ensured that I understood every step of the way. Despite being an intimidating process, Mr. Morgan made it easy and painless for me, demonstrating his expertise and professionalism throughout our interactions. Highly recommend Mr. Morgan to anyone in need of estate planning services.

Eric LoGiudice

15:35 26 Jun 23

Russel was an outstanding attorney to work with for our estate planning needs. From the moment we met him, he exuded a sense of professionalism and expertise that immediately put us at ease. Throughout the process, he was meticulous in his attention to detail, ensuring that every aspect of our estate plan was thoroughly considered and accounted for. He also took the time to guide us through items that we had not previously considered, which proved to be invaluable in helping us make informed decisions. Additionally, Russel was incredibly responsive and timely in delivering all necessary documents to us. Overall, we were extremely impressed with his service and would highly recommend him to anyone seeking similar assistance.

Evan Lee

14:09 19 Jun 23

I cannot express enough how impressed I am with Mr. Morgan’s professionalism. He went above and beyond in helping us plan for my mom’s estate, and I felt completely secure in his capable hands. Despite the need to expedite things, he worked with great attention to detail and speed, ensuring that everything was completed to our satisfaction. Even after the paperwork was finished, he continued to show genuine concern for my mom’s well-being. It is clear that he truly cares about his clients as individuals, not just as business transactions. We are so grateful for his help and will definitely be seeking his assistance with our own estate planning needs.

Matthew Fisher

11:29 14 Jun 23

Russel Morgan is the absolute best to work with. He’s not only highly professional, but also incredibly timely, thorough, and kind. He makes the entire process easy, and even manages to make it enjoyable! Working with him was an absolute pleasure. He took the time to explain everything in detail and answered all of my questions. I felt confident that my estate plan was in good hands. I recommend him to anyone who needs an estate planning attorney.

Arnold Mitchell

13:06 12 Jun 23

I had been procrastinating for years about setting up a will and trust for our family, but I’m so glad we finally did it with the help of Morgan Legal Group. From the initial consultation to the final document signing, they made the process easy and stress-free. They patiently explained every step of the process and answered all our questions. Despite their professionalism, they were also very personable and approachable, making us feel comfortable throughout the entire process. The final documents blew me away with how clear and polished they came out. I cannot recommend Morgan Legal Group enough for their top-notch legal services and exceptional customer service.

Chase Berg

06:45 25 May 23

Words cannot express my gratitude toward this team’s elder abuse lawyers. When my aging mother fell victim to abuse, I was devastated and overwhelmed. From the very first meeting with their compassionate team, they provided a safe and supportive environment. They listened attentively to my mother’s story and diligently pursued justice on her behalf. Their expertise in elder law and their determination to protect the rights of the vulnerable is unparalleled. Russel not only fought for justice but also provided emotional support to my family throughout the entire legal process. I’m forever grateful for his and his team’s dedication and unwavering commitment to helping those in need.

Eunice Shaw

07:51 17 May 23

I had the pleasure of working with Russel Morgan at Morgan Legal Group for my estate planning needs. From the moment I walked in the door, I felt welcomed and at ease. Russel was incredibly knowledgeable and patient with me as I asked countless questions. He took the time to understand my situation and made thoughtful recommendations tailored to my needs. I truly appreciated his attention to detail and the care he put into explaining everything to me. If you are in need of an estate planning attorney, I highly recommend Russel and Morgan Legal Group.

Leon Potter

06:50 12 May 23

I feel incredibly fortunate to have worked with Russel Morgan and his team on my living trust case. Their professionalism, knowledge, and attention to detail are truly unparalleled. From the moment I reached out to them for legal assistance, I knew I was in good hands.Throughout my legal matter, their commitment to providing excellent service was evident. They worked tirelessly to ensure that my needs were met and that my case received the attention it deserved. Their expertise in living trust law is unmatched, and I am grateful for the valuable advice they provided me.I am incredibly thankful for their hard work and dedication to my case. Their exceptional service has left me feeling confident in recommending them to anyone seeking expert legal advice. I have no doubt that they will provide the same level of professionalism and attention to detail to all their clients.

Clarissa Hawkins

10:08 06 Apr 23

Navigating probate can be a daunting task, but with Russel Morgan, the process has been significantly smoother. His expertise as a probate lawyer has been invaluable in helping my family and me manage the distribution of our loved one’s estate. His compassionate approach, coupled with his extensive knowledge of probate laws, has provided us with the support and guidance we needed during this difficult time. Russel’s dedication to ensuring a fair and efficient probate process has given us peace of mind during our time of loss.

manuel berry

18:58 09 Mar 23

I was unsure of what assets should not be included in a living trust, but the team at Morgan Legal Group was able to provide me with clear and concise guidance. I worked with Russel Morgan, and he was very nice to deal with. He helped me understand the importance of avoiding certain assets and the potential legal implications. I am grateful for their expertise and knowledge, and support as well.

Anthony Singleton

15:05 01 Mar 23

I met Mr. Russel Morgan several months ago when I was looking for estate lawyers in NYC. A friend of mine has recommended him and his law office. And definitely, he turned out to be an excellent attorney in the field of Estate Planning. Fantastic service and very professional. Everything was done exactly as explained and a perfect finish at a very affordable price. I am thrilled to bits with their service and would 100% recommend them.

Yasmin Rodríguez

11:45 01 Mar 23

Russel Morgan Legal Group ReviewExtremely grateful to have found Russel Morgan and his legal group, back in 2019 my mother had fallen ill with cancer and after her passing, me as the youngest sibling, was stuck dealing with real estate she had left for me and my siblings but there was no will and three children, this was by default a headache or so I thought until I had the chance of meeting Mr. Morgan. We sat down and in a matter of one hour he had managed to put all of my questions to rest and give me the peace of mind I needed as well as the guidance to proceed in the best legal way, we had been fighting my case for months before there could actually be an answer to my questions, I visited multiple lawyers to try and get their opinion on the matter but everyone would tell me the same thing “It’s a complicated matter specially since there’s no will”. Upon moving to NYC and pretty much making peace with the idea of letting the real estate just go to waste and allow the bank to take over I met this lady at my job whom I mentioned the situation to and she told me about the Morgan Legal Group and how they helped her when she had to handle legal matters of any sort. She mentioned that he was the best lawyer in Manhattan and he would surely provide options that would make me realize I just hadn’t had the chance of meeting with a lawyer who genuinely cares for what he is doing, who is passionate in his job and strives to deliver justice and the right information to his clients. Fast forward I made a call and scheduled my initial consultation with Mr. Morgan and from there my mind was able to rest easy and all of my questions were answered, he was very diligent and exploited all the options and resources to help me win this over and keep the house where I grew up and created so many memories in, other lawyers advised that I should just let it go “get into some new real estate, it’s cheaper” but Mr. Morgan didn’t even consider that for a second, he got all the right information, he was communicative, diligent and thorough with his work, within a short period of time I was receiving notice from the bank that the house would be remaining under the power of my family and we even managed to renegotiate a better payment plan with lower rates and more benefits than the ones my mother had established for her home prior to her death. The Morgan Legal group is filled with people who KNOW what they are doing, who LOVE what they are doing, who COMMUNICATE the way they work on things and who STRIVE to deliver the best result by any means necessary to those who arrive in a state of despair, he is now my appointed lawyer for absolutely everything that needs to be handled legally and I will keep recommending him every opportunity I may have because he changed my life through his genuine actions, he empathized with my situation and took it upon himself like it was his own.

Cloud J. Yong

13:20 14 Feb 23

Russel Morgan is not only a great asset protection attorney, but he also gave me valuable advice on what should not be put in a living trust. He took the time to explain the importance of asset protection and gave me the tools to ensure that my assets were protected. He considered everything and made sure I understood the logic behind it. The best legal experience I ever had. Definitely recommend him for his experience, patience, and dedication.

Molly Rice

16:17 02 Feb 23

Before hiring Morgan Legal, we tried working with a few other firms in the area and after our initial consultation with Russel Morgan, we felt confident with our decision. Russel’s thorough knowledge and experience of New York trust laws, his ability to listen, respect our concerns AND address ALL of our questions, really helped to ease a very stressful process. Overall, our experience was extremely positive and we’d definitely recommend Morgan Legal and Russel in particular. He had a great ability to explain things thoughtfully and carefully, even though he had to sometimes explain them more than once. He was extremely organized with the paperwork and it was evident the support staff are equally committed as a team. Thank you, we can’t recommend you more.

Adrian Boyd

14:44 06 Jan 23

Even though we have been procrastinating about completing our estate planning for a year or two, we have finally done it! We could not have chosen a better attorney than Russel to protect our family and everything we have built this far. Russel was very professional, and what is important, patient, and he walked us through the process of doing the right kind of Estate planning that was best for our family and our circumstances. I highly recommend him for your Estate Planning needs too. He knows the business, his services are priced fairly and he is very pleasant to deal with. Thank you, it is 5 stars from us!

Alexis Linsey

02:07 28 Jul 22

Morgan Legal Group is a great firm and the lawyer Russel Morgan helped me with my matter. I came to him for help for my family and he helped us every step of the way. Any questions we had were always answered quickly and he was very attentive and patient with us. We couldn’t thank him enough and I am very grateful for the outstanding work he has done. He takes his clients seriously and is very detailed with any questions you may have. Working with Russel was very easy and even when things got complicated he helped us through every step. I would recommend Russel and the Morgan Legal Group to everyone.

888- LAW 529 -1315

888- LAW 529 -1315

The Steps Involved In The Probate Process In New York