What Is the Probate Process in Connecticut and New York?

 Posted on October 28, 2021 in Estate Planning

While dealing with the death of a family member may involve difficult emotions, legal and financial issues can also play a role in these situations. During the probate process, the person named as the executor in a deceased person’s will is required to file the will in court and oversee the process of distributing their assets to their heirs, while also handling other issues related to their final affairs. Our attorneys provide legal help with probate matters in Connecticut and New York, and we are prepared to help an executor or a person appointed as the personal representative of an estate complete this process successfully.

Understanding the Probate Process

When creating a will, a person will name someone as the executor of their estate. This is usually a family member or close friend who the person trusts to make sure their wishes are followed correctly. After the person’s death, the executor will begin the probate process. In Connecticut, this process must be followed if the deceased person had assets totaling $40,000 or more or owned real estate property, and a case will be handled in the Probate Court in the district where they resided. In New York, probate will be necessary if the deceased person owned assets worth at least $50,000, and a case will be handled in the Surrogate’s Court in the county where the person lived.

The executor will file the deceased person’s will in court, and a hearing will be held to verify that the will is valid and officially appoint the executor as the administrator of the estate. The executor will then take an inventory of all of the assets owned by the deceased person, and if necessary, appraisals may be performed to determine the value of certain assets. The executor will notify the beneficiaries named in the person’s will, and they will also publish a notice of the death in a newspaper to allow any creditors or presumed heirs to come forward and make a claim against the estate. Once the executor has paid any outstanding debts and taxes, they will distribute all of the deceased person’s assets to their beneficiaries according to the instructions provided in the will.

During the probate process, a person’s beneficiaries or presumed heirs may contest the will or take legal action because they believe that the executor has not fulfilled their duties correctly. Estate litigation may be used to contest the validity of a will or address other issues. In general, when contesting a will, a person will need to provide evidence showing that the deceased person was not of sound mind when they created their will, that someone exerted undue influence and caused them to create or update a will that went against their actual wishes, or that the will filed during the probate process was fraudulent.

Contact Our Greenwich, CT Probate Lawyers

At Ivey, Barnum & O'Mara, LLC, we provide legal representation during the probate process in Connecticut or New York. We can work with executors to ensure that they meet all of their legal requirements, and we can also help family members determine their options for contesting a will or pursuing other forms of probate litigation. To set up a complimentary consultation, contact our New York City probate attorneys today at 203-661-6000.

Sources:

https://www.cga.ct.gov/current/pub/chap_802b.htm

https://www.nycourts.gov/courthelp/whensomeonedies/probate.shtml

https://www.nysenate.gov/legislation/laws/SCP