Buffalo Probate Lawyers
Experienced Estate Planning Attorneys Handling Estate Litigation and Contested Wills in Western New York
After an individual passes on while leaving a will, the legal process is called a probate. The need for probate only occurs if the assets value at $30,000 or more for the person that passed. A will must be admitted to probate by the surrogate’s county court before any legality can take place over the will. In other words, the court decides if the will is valid. Once the will is validated, it must accurately reflect the desires of the testator.
Two witnesses must be present and sign in the presence of one another to validate a will in New York. The person creating the will must do so without any duress or influence; it must be done solely of free will.
To start the probate process, a petition with the court must be filed as well as the original will. The court will issue a decree granting probate as well as letters Testamentary to the Executor or Executors named on the will after all the issues are addressed and the jurisdiction is complete.
If anyone objects to the validation of the will, they can start a will contest by submitting objections to the probate.
The letters testamentary is the document that grants the executor the ability to administer the estate. The executor must take care of the inventory, taxes, paying debt, appraisals as well distributing as the will describes.
If you or a loved one needs to contest a will or litigate an estate, contact our dedicated Buffalo probate lawyers to guide you through the process of probate in New York State.