An executor is a person designated by a will to oversee the administration of a decedent’s estate. In this position, the individual is tasked with carrying out the decedent’s last wishes and distributing their possessions. However, an individual is considered to have died “intestate” if they had not designated a personal representative or executor to handle their estate before they passed away.
Although the probate process may appear daunting initially, it can be simplified into a series of simple steps. A probate attorney is required when an individual has passed away and their estate needs to be managed. Whether or not the decedent left a will affects the probate procedure.
With the professional guidance of a probate attorney in Long Island, this blog will walk you through each stage if someone has passed away and left a will.
1. Locate the Will
To recover the deceased person’s property, you must first find their last will and testament. The probate court records or the individual’s home or office are good places to start looking for this document. As part of probate, the court will make a copy and provide it to you.
The next step, when the will has been located, is to verify its legality. Unless it is legally binding, it cannot be used to transfer ownership of any property or assets.
2. Obtain The Death Certificate
It can be challenging to acquire a death certificate. It’s in a secure location within the courthouse, and you’ll need a court order to obtain it. This might take weeks or months after the person has died.
The next step in the probate procedure is to discontinue all subscriptions and services. This process often takes a lot of time and effort, but it is necessary.
3. Identify The Rightful Inheritors
This is when having legal representation from a New York City probate law firm comes in handy. They can help you locate and contact all rightful inheritors specified in the will. This is a very important step in probate since it will define what comes next and whether or not there will be any further expenses.
4. Transfer Assets To Those Entitled To Them
Once the probate process is through, the beneficiaries (as identified previously) can claim their share of the estate. It’s possible that the executor might have to sell off some assets to cover any outstanding obligations that the deceased person may have.
One of your responsibilities as an executor is to learn about and navigate the legal steps involved in settling an estate. If you are looking for information on the probate procedure, estate law attorney Queens, or any other legal matter, Ledwidge & Associates, P.C. can help!
Contact us to get in touch with our Probate lawyer Brooklyn or Queens.
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