Probate (With Will)

NYC Probate Attorney

A NYC Probate Attorney can help you prove the validity of a Last Will & Testament. An experienced NYC probate attorney, such as the attorneys at RK Law PC, can help you understand the probate process, walk you through probating a Will in New York, and assist you if there is a Will Contest or a need for Estate Litigation.

(When there is no Will, then you need to proceed with intestacy. Please visit our Estate Administration page when you do NOT have a Will but need help Administering an Estate.) We can also help you avoid probate by engaging in prudent and proper estate planning.

What is Probate and How can a NYC Probate Attorney Help You?

Probate is the process of proving one’s Will. Probate literally means “to prove” in Latin. When a person dies leaving a Will, that person’s nominated Executor should take the Will, the Death Certificate, and the standard packet of Probate forms to the Surrogate’s Court in the County where either i) the Decedent died; or ii) the Decedent left property. The Surrogate’s Court will review the documents and, provided all is in order, issue Letters Testamentary.

Read below for more information on the probate process (when there is a Will).

What is the Process of Probating a Will and Do I Need a NYC Probate Attorney?

In order to probate, you will need to (i) gather documents; (ii) fill out forms; (iii) go to court; and, (iv) pay the fee.

Gather the Necessary Documents to file the Probate petition.

You will need:

• the original Will;
• A copy of the Will
• A certified copy of the Death Certificate; and,
• And, if the Decedent was survived by only one person or by cousins, then you will need an Affidavit of Heirship from a disinterested person

• Probate Petition
  • List the next of kin, primary executor, and adversely affected beneficiaries in paragraph 6 of the Petition.
  • Put everybody who is mentioned in the will and who is not in paragraph 6 in paragraph 7.
  • Either a “Waiver of Process; Consent to Probate” (“Waiver”) or a “Citation” for everybody listed in paragraph 6.  If the person agrees to your appointment as Executor, have that person sign a Waiver. If that person does not agree, then ask the Court to issue a Citation that you will need to serve upon that person.
  • Notice of Probate for everybody listed in paragraph 7, along with an Affidavit of Mailing of Notice of Probate.
  • Affidavit of Comparison.
  • Affidavit of Assets and Liabilities.
  • Affidavit of Attesting Witnesses when the Will does not contain a Self-Proving Affidavit