Probate: How Does The Process Unfold?
A family member passing away creates emotionally charged and legally complex issues. In the midst of this tragic transition is the process of probating their estate. You need to focus on picking up the pieces in your life.
My job is to navigate you through the process of probate while you deal with family-related issues. I am John A. Tangredi, an experienced, White Plains-based probate attorney. Combining comprehensive experience in and in-depth knowledge of probate law, I will attend to all details.
The Complexities Family Members Face In The Probate Process
The first step is admitting the will to be probated. The court makes a determination that the document has been properly executed. Specifically, it must reflect the wishes of a loved one and be signed in the presence of two or more witnesses. The individual must be competent and not under duress or undue influence.
Upon the filing of the will and the probate petition, the court will grant probate. The executor administrating the estate will then be responsible for the following:
- Identifying and inventorying assets
- Facilitating property appraisals
- Paying debts and taxes
- Distributing assets as dictated by the will
While legal counsel is not required for probate proceedings, foregoing representation ignores the complexities that families face. One oversight or will contest can lengthen the process and cost significant amounts of money.