At Morgan Law Group PC, our probate attorney can represent you in all aspects of estate litigation including contested will litigation. The last fiduciary duty in estate administration is conferring inherited assets and trust funds to heirs designated by law or named in the deceased will.
Estate planning helps to eliminate any discrepancies or legal issues that may arise after the death of the testator. Even though it is not compulsory to have a will notarized in NY, it is highly recommended for one to notarize it. This means it is “self-proving” and can make probate easy and fast. A will must be kept in a safe and easily accessible place.
Upon the death of a testator, the will needs to be filed in the New York Surrogate Court and in the county where the decedent lived. The original last will is to be accompanied by a petition for letters testamentary. The executor or his attorney file probate and furnishes the court with information about heirs and beneficiaries. Heirs and beneficiaries need to be notified of the ongoing probate proceeding. A probate proves the validity of a will and in some cases, there is a will contest.