In New York, a will is a crucial document that details how a person’s assets will be distributed and other issues are settled after they are gone. Having a will is a positive step as it ensures the person – known as the testator – sees their objectives are met and their property goes where they want it to go.
Failing to have a will means dying intestate and that leaves their property to be distributed based on the law rather than their preferences. Before probate can commence, there are legal aspects that must be addressed and it is useful to know about them beforehand and to be fully prepared.
The court plays a role before a will goes to probate
Probate is the legal process in which the will is proven to be valid and the property can then be distributed. The executor of the will handles the logistics and represents the decedent. For example, the executor pays outstanding bills the person left behind.
A will does not automatically go to probate. The court plays a part in the process. Since a common reason for will disputes among heirs and relatives stems from allegations that the will is not real or was not executed properly, the court will make sure that it is genuine and was executed according to the law. A witness to the will can provide an affidavit to verify its validity.
Once the will is found to have been executed property and the person was competent to create a will, it can then be admitted to probate. Property will subsequently be passed along as the will dictates.
Understand the facts about probate and what it entails
Probate can be confusing and costly. While it is necessary in many cases, it can be avoided in others. Since it is expensive and time-consuming, it is crucial for the testator and the executor to be prepared for it. That includes ensuring the will is valid and up to date. With these and other estate planning considerations, it is wise to understand the law and to have advice with the preferable course of action based on the circumstances.
