Five Things You Need to Know About Probate

When many people begin probating the will of a deceased loved one, they often do not know what to expect. While it can be a long and complicated process, you can still grasp the basics if you know a few essential things about what will happen. Here are five things you need to know about probate:

1. Probate is the process of proving the validity of a will
   • At its core, probate is about ensuring that a deceased person’s last will and testament (including all other estate documents) are valid. This means checking to ensure that all documents fulfill all necessary legal requirements, and making sure there are no issues with the assets in the estate itself. This can be complicated, especially if estate documents were not entirely thorough or are significantly out of date.
2. The executor is responsible for managing the probate process
   • The person placed in charge of probating a will is known as the executor. This person is broadly responsible for ensuring that the probate process goes as smoothly as possible, and is ultimately responsible for distributing any assets in the estate as the will expects. If the decedent established a trust, the executor may also (though not necessarily) fill the role of trustee for that trust, ensuring its terms are carried out.
3. The decedent’s personal property will need to be accounted for
   • A critical part of probating a will is ensuring that all of a testator’s property is properly accounted for. While this should theoretically not be a difficult task, it can become much harder if the decedent did not keep good track of their assets, or did not update their estate documents for a significant period of time. In that case, it can become a prolonged issue to ensure all property is accounted for.
4. Creditors will have an opportunity to seek satisfaction of debts
   • Unfortunately, it is not only the heirs of the estate who will be interested in the probate process. Creditors and tax collectors will often use the opportunity to try to have any outstanding debts or unpaid taxes satisfied by taking it out of the estate. If not properly organized, this can substantially reduce the amount that beneficiaries of the estate will receive once everything is said and done.
5. There is a chance that disputes may arise
   • Probate can easily take half a year or longer at the best of times, but the process can be significantly slowed down if someone chooses to dispute the validity of the will or other estate documents. They may, for example, allege that proper procedures were not followed, or that there was undue influence in the creation of the will. If that happens, you will need a lawyer to represent you and help you navigate the potential legal issues that may arise.

The estate law attorneys at David J. Lorber & Associates, PLLC will work with you to handle any legal matters that may arise during the process of probating an estate. For comprehensive estate law services in New York, call David J. Lorber & Associates, PLLC at (631) 750-0900 or contact us online to schedule a free consultation at our Setauket office.