Westchester County Probate Lawyer

Trustworthy Westchester County Probate Lawyer

The death of a loved one can be a very difficult experience not only in terms of grief, but also in terms of practical matters, such as proceedings like probate or estate administration. In Westchester County, probate is a legal process overseen by the Surrogate’s Court of Westchester County whereby a decedent’s estate is distributed according to their will. The process involves validating a decedent’s will, appointing an executor, making sure that the decedent’s debts and taxes are paid and watching over the distribution of any assets that remain to the appropriate beneficiaries. It is crucial to seek and obtain counsel from a knowledgeable Westchester County probate lawyer. Jules Haas has more than 40 years of experience he can use to properly counsel you in your case. He provides personalized and attentive legal representation to beneficiaries, interested parties, heirs, trustees, executors, and estate administrators.

Probate Proceedings 

Only those estates that are valued at more than $50,000 need to go through probate if there is a will. A small estate proceeding is used for estates that are less than $50,000 and have no real property in them. The first step of probate is for an executor named in a will (or if there isn’t a will, another interested party who wants to act as estate administrator) to file a petition with the Surrogate’s Court. The original will should be filed alongside the petition, which details the date of death, the beneficiaries specified in the will, the heirs-at-law in the event that the will is not valid, and an estimate of the value of the estate. Beneficiaries and heirs-at-law, along with any other interested parties, are notified of the proceedings. 

In response to the petition, the Surrogate’s Court issues Letters Testamentary to the executor or Letters of Administration to an appointed administrator. 

The executor will need to gather and inventory the estate’s assets. These can include bank accounts, stocks, businesses, real property, and personal property. Some assets such as accounts with named beneficiaries like life insurance policies and 401ks are not subject to probate. The executor will also need to notify creditors and beneficiaries and settle debts. Necessary tax returns must be filed and taxes paid. The executor then distributes the assets as directed by the will or by state law if no will exists. In some cases, the executor will need to sell or auction off assets to pay debts and taxes. Throughout this process, the court makes sure the will’s directives are being followed, that debts are paid off, and that any assets remaining after debts and taxes are paid are distributed to the appropriate beneficiaries. 

Will Contests

The Surrogate’s Court of Westchester County must make sure that the will is valid as part of the probate proceedings. To be valid, the will needs to have been properly executed, and the testator (person who made the will) was of sound mind when he or she signed the will. Authorized parties who are impacted by the will can challenge it after it’s been submitted to the court in what’s called a “will contest.” Will contests may be brought on the grounds of lack of due execution, lack of testamentary capacity, undue influence, duress, and fraud. 

If the will is successfully challenged, the will may be found to be invalid. The invalid will cannot be used for purposes of distributing the estate. The court may order that the estate be divided according to New York’s intestacy rules or according to an earlier valid will.

Call a Westchester County Probate Attorney 

It can be difficult to go through the probate process alone and without legal knowledge. Experienced Westchester County probate lawyer Jules Haas has more than four decades of experience on your case. He also handles estate planning, trusts, guardianship proceedings, and other Surrogate’s court cases. Contact Mr. Haas through our online form or call him at (212) 355-2575 for a free consultation.