If you are dealing with a probate issue in
Amherst, NY
, you probably have a lot of questions. This article sets out the basics on what to know and what to do if you find yourself dealing with a probate case.
Probate is the legal process that determines how someone’s estate is distributed after they pass away. The probate process can unfold either with or without a will, but the process is generally much smoother when there is a will in place.
When there is a will, the process is all about making sure the terms of the will are carried out and that assets are distributed to the intended beneficiaries. When there is not a will, the deceased’s property will be distributed according to state laws. So if you have a probate case in
Amherst, NY
, the process will be governed by New York laws. (Note that if there is not a will, the terminology in New York is that the estate is “administered” rather than “probated”).
Proper estate planning should always consider probate issues that may arise when administering your estate.
Probate is the legal process that determines how someone’s estate is distributed after they pass away. The probate process can unfold either with or without a will, but the process is generally much smoother when there is a will in place.
When there is a will, the process is all about making sure the terms of the will are carried out and that assets are distributed to the intended beneficiaries. When there is not a will, the deceased’s property will be distributed according to state laws. So if you have a probate case in
Amherst, NY
, the process will be governed by Ohio laws.
Proper estate planning should always consider probate issues that may arise when administering your estate.
As mentioned, probate unfolds a little differently depending on whether there is a will. Most wills declare an executor, which is the person who acts as representative for the estate. If there is no will, then the probate court will need to appoint an administrator to oversee the proceedings.
The probate process begins when the executor (or administrator) files a probate petition in court along with a copy of the decedent’s will and a certified death certificate. In
Amherst, NY
, paperwork required for this filing needs to include the following:
Next, the judge verifies the will (if there is one) in court so that the terms of the will can be executed. Then, outstanding taxes, debts, and other costs are paid out of the estate. Once these steps are complete, the estate is then distributed to the beneficiaries as determined by the terms of the will (or by state law if there is no will).
As mentioned, probate unfolds a little differently depending on whether there is a will. Most wills declare an executor, which is the person who acts as representative for the estate. If there is no will, then the probate court will need to appoint an administrator to oversee the proceedings.
The probate process begins when the executor (or administrator) files a probate petition in court. In
Amherst, NY
, paperwork required for this filing needs to include:
Next, the judge verifies the will (if there is one) in court so that the terms of the will can be executed. Then, outstanding taxes, debts, and other costs are paid out of the estate. Once these steps are complete, the estate is then distributed to the beneficiaries as determined by the terms of the will (or by state law if there is no will).
New York law allows for simplified probate procedures for small estates. To be considered a small estate in New York, the following requirement must be met:
Ohio law allows for simplified probate procedures for small estates. To be considered a small estate in Ohio, one of the following qualifications must be met:
Let us find you right the right lawyer at the right price
Several factors determine how long the probate process will take, but the size of the estate usually plays a big role. In general, small estates can usually be resolved in a matter of weeks or months.
On the other hand, larger estates can take years – particularly if there’s a high number of assets to distribute and many terms to satisfy. Claims and contests filed in probate court also tend to extend the length of this process.
Other factors that determine how long your case will take include the amount of debt or taxes that need to be paid, as well as the kinds of assets involved in the estate. For example, a probate case that requires ownership of a commercial real estate property to be transferred will take significantly longer than one without any real estate.
The role of an executor is generally similar regardless of where a probate case unfolds. Here’s an overview of an executor’s responsibilities:
Probate courts are specialized courts that handle legal proceedings involving wills and the distribution of estates. These courts are sometimes referred to as Surrogate’s Court, Orphan’s Court, or Chancery Court.
In New York, they are called Surrogate's Courts, and the probate proceeding takes place at the court in the county where the decedent resided when they died. The New York State Unified Court System website will help you locate the appropriate Surrogate’s Court.
We've included details about local probate courts below in this article. Keep in mind that the relevant probate court is dictated by the relevant county, which may or may not be the "nearest" court to you.
Probate courts are specialized courts that handle legal proceedings involving wills and the distribution of estates. These courts are sometimes referred to as Surrogate’s Court, Orphan’s Court, or Chancery Court.
In Ohio, each county has a probate court which is part of what in Ohio is called the “common pleas court.” The probate proceeding takes place in the court of the county where the decedent resided. Each of the 88 counties in Ohio has a common pleas court.
We've included details about local probate courts below in this article. Keep in mind that the relevant probate court is dictated by the relevant county, which may or may not be the "nearest" court to you.
There are several kinds of fees involved in probate, which means costs vary a lot by case. In
Amherst, NY
, you can expect to pay the following fees:
There are several kinds of fees involved in probate, which means costs vary a lot by case. In
Amherst, NY
, you can expect to pay the following fees:
Before deciding whether you should hire a probate lawyer near
Amherst, NY
, you should first consider whether you need to hire a lawyer at all.
Here are a few of the factors to keep in mind when considering whether you need to hire a probate attorney:
If you do need a probate attorney, it is not strictly necessary that you hire one near you. Probate, after all, is governed by state laws. That said, it may still be helpful to hire a probate lawyer near
Amherst, NY
because they will be more familiar with the local courts and judges.
Links to various probate forms in Ohio can be found here.
Note that the forms relevant to probate can be found in the top section, and many of the remaining forms relate to the various other matters that common pleas courts handle in Ohio.
.svg){kind=small}
.svg){kind=small}