Utica: (315) 627-2800

Cooperstown: (607) 601-1621

Hobaica Law Office
Hobaica Law Office

Utica: (315) 627-2800

Cooperstown: (607) 601-1621

Your Detail-Oriented, Rome, NY, Estate Planning Attorney

Worried about the probate process in New York? Let us help you ensure your will stands.

New York has some interesting estate planning laws. While most families can get away with having a will, in many cases, unless you have a small estate, the will left behind by the decedent must go through probate.

It’s a huge concern for anyone looking to leave an inheritance for those they leave behind. While probate does have its benefits, it can delay inheritance, increase the potential for disputes, and make the administration of the will more stressful.

Working with a knowledgeable and detail-oriented estate planning lawyer can help you ensure your will avoids the probate process, making it easier for the beneficiaries to access what you leave behind. At Hobaica Law Office, we can help you with the estate planning process, ensuring that your intentions are considered in the will.

When Is The Probate Process Necessary?

Several situations in Rome, NY, necessitate the probate process. Understanding these circumstances is crucial in helping you avoid the process and make succession for beneficiaries easier.

  • When There Is A Will:
    A probate is required when the decedent left behind a will. If you don’t have a will at the time of your passing, the court holds an administration proceeding to determine the division of assets.
    If there is a will, the executor of the will must file the probate and provide the necessary documents in the Surrogate’s Court. Probate verifies the validity of the will and notifies all the beneficiaries and heirs-at-law of the will.
  • The Size Of the Estate:
    Not all wills in Rome, NY, are subjected to the probate process. For an estate to undergo probate, it must have more than $50,000 of personal property. Estates with less undergo an administration process. Exceptions are only possible if the property in the will was jointly owned. The law subscribes to situations where probate is necessary and is designed to ensure that your beneficiaries will not be officially recognized until the probate process is complete.
Phone
Call For A Free Consultation | (315) 627-2800

Why Do People Want To Avoid The Probate Process?

Hobaica Law Office | Rome, NY Estate Planning Law Firm

While the probate process has a lot of significance, you may want to plan to avoid it when working on your will. Working with an estate planning law firm can help you understand the importance of the probate process and whether or not going through it can be beneficial to the beneficiaries.

Here are some of the reasons why many people prefer not to go through the probate process:

  • The Cost Of Probate:
    Cost is one of the main concerns regarding probate. You need to pay probate fees, which can be costly. The amount you pay is tied to the dollar value of the estate. Many people don't like the idea of paying to check the validity of the will you leave behind, not to mention that the cost may reduce what beneficiaries will get after the process is concluded.
  • The Length Of Probate:
    The probate process can take a significant amount of time. The least time it can take is six months, and that is extremely rare. Many cases can take years to resolve. The process can be prolonged if creditors stake their claims to the estate. Complaints by some of the beneficiaries can also cause it to drag.
  • Publicity:
    Probate processes are public, and the last thing you want is strangers knowing what you left your children, which gives many people a reason to want to avoid the process.

Can You Avoid The Probate Process?

It’s possible to bypass the probate process when working with a lawyer to prepare estate planning documents. But before you decide to go down this road, you should consult with the lawyer to find out if it is in the best interests of your beneficiaries.

Some of the options that an estate planning lawyer may recommend if you don’t want your will subjected to the probate process after your demise include:

  • Securing Assets With Designated Beneficiaries:
    You can automatically transfer some of the assets you purchase to your beneficiaries before you pass away. Assets that you can transfer include life insurance policies, retirement plans and 401k and 403(b) plans.
  • Invest In Stocks And Bonds:
    You can use a transfer-on-death form to transfer your stocks and bonds to your beneficiaries when you die. Many people also use their savings to invest in stocks and have the proceeds go to their beneficiaries.
  • Create A Trust:
    One of the most effective ways to avoid probate is to create a trust. You can continue to place assets in the trust to reserve them for your beneficiaries. Using trusts can also help you avoid some taxes and preserve your wealth.

When working with an estate planning lawyer, you may also get advice during the estate planning process, such as buying valuable assets jointly to minimize exposure to the probate process.

Phone
Call For A Free Consultation | (315) 627-2800

Let’s Help You Distribute Your Assets On Your Terms!

Hobaica Law Office | Rome, NY Estate Planning Law Firm

Estate planning that helps you preserve your life’s work and sacrifices

Estate planning is valuable in the succession process, and it shouldn’t be taken as a one-time event. Working with an estate planning lawyer near me in Rome, NY can ensure you preserve your assets when succession time comes and pass them over to beneficiaries in the most effective and efficient method.

The probate process is one of the common concerns we see among clients who come to us for estate planning. With our experience and knowledge of the law and industry, we can recommend a few avenues you can use to help avoid probate. For more information on how you, too, can plan your estate and bypass probate, call us at (315) 627-2800.

Phone
Call For A Free Consultation | (315) 627-2800
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