Bronx Probate

Trustworthy Probate Attorney in the Bronx

With a land area of 42 square miles and a total area of 57 square miles, the Bronx is one of the five boroughs of New York City. The population as of the 2020 United States census was 1,472,654. The median household income is $36,593, which is the lowest of the boroughs, and notably it has the highest poverty levels of the boroughs, too. The per capita income is $19,721. The 2010 census found that the borough has 490,659 housing units at a density of 11,674.8 units per square mile. The median age there is 31 years. Around 10.1% of the population is age 65 or older. No matter what your age is, you may have to deal with probating the estate of a loved one. Whether you were named as an executor or a beneficiary of a will or your family member didn’t leave a last will and testament, it can be challenging to be faced with probate, which can be a long, time-consuming procedure. Call experienced Bronx probate attorney Jules Haas to discuss your case.

Lawyer for Probating an Estate in the Bronx

Probate is the process of establishing that a will is valid or legally acceptable. Inheritances can be a matter of heated controversy after a family member dies. In instances where no will has been signed (or the will has been invalidated), administration proceedings will determine who inherits according to rules of succession. When the decedent possessed less than $50,000 in personal property with or without a will, a small estate known as a voluntary administration proceeding could be filed instead. However, when a decedent leaves a will, the will needs to be filed in Surrogate’s Court where it can be admitted for probate.

Assuming the Bronx is where the decedent lives and maintained their primary residence, the executor named in the will should file the will, a certified death certificate, a probate petition that names distributees, and any supporting documents in the Bronx Surrogate’s Court to kick things off. In most cases, probate and estate administration in New York will take 9-18 months, which includes time spent filing, gathering assets and property, selling assets as appropriate, paying debts and taxes, and distributing whatever property is left. It can be beneficial to retain an experienced lawyer to represent you through this process.

In the course of probate, it needs to be shown that the will is the valid Last Will and Testament of the decedent. If the judge or Surrogate in Surrogate’s Court becomes convinced that the will is legally valid, an executor who has been named in the will can be appointed to distribute estate assets and property according to the decedent’s wishes. This will occur under the supervision of the Surrogate’s Court.

Family Members Entitled to Inheritances

Family members who are next of kin have a right to shares of the decedent’s estate property and assets are known as distributees. They should be served with a notice, called a citation, which provides the Surrogate’s Court with jurisdiction over their rights. The distributee is able to sign a waiver of their rights and consent to the executor’s appointment or they can dispute the appointment in court. Meanwhile any beneficiaries that are entitled to an inheritance must also be notified of the legal proceedings.

Many people want to avoid probate because it is complex. A decedent’s estate plan must be compliant with state laws. In the New York probate process, property may be held or transferred apart from probate through living trusts, coownership with a right of survivorship, designations of beneficiaries on an account, such as bank accounts or stocks, bonds, and securities.

Discuss Probate With a Bronx Lawyer

Seasoned Bronx probate attorney Jules Haas has represented heirs, interested parties, trustees, beneficiaries, and estate administrators for more than four decades. He is dedicated to serving clients in a wide range of other proceedings, as well, including estate administration, trust litigation, guardianship proceedings, and Surrogate’s court cases, with personal and attentive service. Contact him via our online form or call (212) 355-2575 for a free consultation.