Probate is a court process that varies by state. Ultimately, the process determines if you have a valid will, and who your heirs are, ensures creditors are paid, and distributes your remaining estate to said heirs and any other beneficiaries that were named in your will. Probate proceedings can be expensive and time-consuming. In many cases, Probate court will likely take 6 months or more to deliberate. During that time, parts or all of your assets may be inaccessible to your heirs.

Additionally, the court proceeding and associated documents are all a matter of public record. Many people choose to avoid probate to save money, spare their heirs a legal hassle, and keep their personal affairs private.

Probate and Your Family’s Situation

Every family situation is different and sometimes the family dynamics dictate that a family member is disinherited. However, the person could still challenge your Will. This can cause your estate to enter probate, which can be a burdensome delay for the rest of your heirs. Some contested probates last for years. Some individuals will purposely leave disinherited heirs a single dollar. This shows that they were not accidentally left out of the Will.

When you draft a Will, it is important to work closely with an experienced estate attorney. They will help place the necessary language so your wishes are carried out as closely as possible.

Grief and Executing a Will

Extreme grief often accompanies the loss of a loved one. If you are an Executor or Executrix of that loved one’s estate you may be up against additional pressures and stresses. As a representative of an estate, your fundamental duty is to protect the assets and interests of the beneficiaries. We don’t want you to go through this tumultuous time alone.

If you are acting as an Executor or Executrix of an estate, the experienced attorneys at Danna and Associates, PC are here to guide you through the probate and estate administration litigation process in Staten Island NY. Their knowledge of the probate process can help minimize family conflict.