Rockland County Wills and Probate Lawyer

There are a surprising number of people who have no idea what probate really is. Simply put it is a legal process where the court system will referee any contentions in a deceased estate, make sure any outstanding debts are paid and everyone is treated according to current local law. Probate will be carried out in most cases, whether or not there is a will. If there are assets to be managed, probate can and does apply.  This is where an experienced Rockland County Probate Lawyer can help.

If you, or a close deceased, has a will the court will review the will to make sure that it is current and valid under the law.  For instance if the deceased altered the will after being declared incompetent because of Alzheimer’s or some other condition, or there are marriage issues that complicate the process.  If the deceased did not leave a will the court will allocate who gets what and who is responsible for debts according to the appropriate state laws on inheritance.  The courts job is to make sure that the assets are divided according to the law.

Even though procedures will vary, sometimes a great deal, from state to state, there are certain conditions that apply universally. One of the first things to be addressed is who will be the personal representative of the deceased. If there is a will the executor will usually be named. If this hasn’t been done or there is no will, the court will appoint one. Once the representative is determined, they will be issued Letters of Administration or Letters of Testamentary giving them authority to act on behalf of the deceased. This representative will then file a Petition for Probate of Will and Appointment of Personal Representative and the probate process will commence.

Next, the heirs, creditors and Public will be notified and the property of the estate will be inventoried. Notification is simply placing a death notice in the local papers which will give any interested parties time, usually about 3 months to file any claims they may have against the estate. Inventory of the personal and real property is the job of the personal representative. The representative is also responsible for paying all outstanding bills, taxes etc. These are generally paid in an order set by state law. Usually estate administration costs are paid first, giving the lawyers the first bite of the money and the creditors come last.

Probate can be a relatively straightforward process that moves along very quickly.  Simple probate cased can be over in a few weeks, once notice is given, but some probates are extremely complex.  If there is a great deal of property to be divided, especially without a valid will, and there are people who are contesting either the will or the courts disposition of the assets, probate can easily many months or even a year or more.

Obtaining a competent, experienced Rockland County Probate Lawyer to handle your interests is the easiest and quickest way to make sure that you don’t get lost in this complex process. Your attorney is a paid expert who can navigate the rocky ground and prevent you from making a mistake that can cost you your inheritance.