Bronx Probate Lawyer

Probate Lawyers in the Bronx

Emotions may run high after the death of a loved one. Among the factors that can increase stress and complicate grief for survivors of a decedent is handling probate. Probate is the legal procedure used to distribute the decedent’s assets and other property upon their death, and it can involve significant paperwork. Sometimes there are surprises in how a decedent wanted their estate handled. Probate attorneys (also known as estate attorneys) represent clients through the probate process. They provide counsel to clients who are administering an estate of a decedent, and sometimes they act as administrators themselves. They also assist clients who are beneficiaries of the will or interested parties. Consult seasoned Bronx probate lawyer Jules Haas about your case. He has over four decades of experience representing clients in all aspects of probate, including advising regarding the duties of an executor, assisting with legal notices, representing you in claims against the estate, and handling transfer of property to beneficiaries.  

Probate Procedure

If your loved one was living in the Bronx at the time of their death, probate will be overseen by the Bronx Surrogate’s Court. The probate process, which can be governed by the terms of a valid will or state law, involves payment of a decedent’s debts and distribution of remaining assets. During the process, the court will determine the validity of a decedent’s will (if any), appoint an executor to manage the estate, make sure that debts and taxes are paid, and then ensures the appropriate distribution of any assets that remain.

The first step in this process is taken by the executor named in the will or by a family member or other interested party who is willing to act as the estate administrator. The petition is supposed to include certain pieces of information about the decedent, including the estimated estate value, the names of beneficiaries named in a will, and the names and contact information for the decedent’s next of kin. If I act as your attorney, I will work with you to prepare the probate petition and all other papers required by the court in the course of the probate process.

The court will issue “Letters Testamentary” to the executor to give them the authority to handle the other steps of estate settlement. That person will be obliged to inventory the assets in the decedent’s estate and let creditors and beneficiaries know that the decedent has died. Creditors and beneficiaries may make claims on the estate. The executor can settle debts out of the assets left by the decedent and also file taxes for the estate. Once all debts and taxes are paid, the executor can distribute any remaining assets according to the terms of the will or the rules of intestacy, in the event that the decedent did not leave a valid will.

Complications can arise in connection with probate, and I represent clients in these matters, too. For instance, there may be an interested party who does not believe the will that was submitted in connection with the initial petition is valid; that person may file a will contest (or trust contest). Reasons to bring a will contest include undue influence, improper execution, fraud, or lack of testamentary capacity.

Must All Property Go Through Probate?

In the Bronx and elsewhere in New York, only those estates that are the subject of a will and that are valued at more than $50,000 will need to be probated. Certain assets are not subject to probate such as retirement accounts, since they have named beneficiaries. The court will use what’s known as a small estate proceeding if the decedent left property worth less than $50,000 and also had no real estate. When there is no will, the estate will be administered, not probated.

Call a Probate Attorney in the Bronx

Experienced probate lawyer Jules Haas has more than four decades of experience representing interested parties, heirs, trustees, beneficiaries, estate administrators, and executors. He offers personalized and attentive legal representation. He also handles estate planning, trusts, will contests, guardianship proceedings, and Surrogate’s court cases. Contact Mr. Haas through our online form or call (212) 355-2575 for a free consultation.