Probate has a bad reputation in New York. In fact, some attorneys will give you tips on avoiding probate as much as possible. While probate can delay the asset distribution process, you don’t have to treat it as a “necessary evil.”
Why does probate have a bad reputation?
Probate and trust administration can be a time-consuming process. Some people dislike probate because they have to wait longer to receive their assets. Probate might cause a delay, but it’s a necessary process to ensure that everyone gets the assets that they’re entitled to.
Probate is especially important if the decedent died without a will because the court has to figure out how to divide up their estate. Without probate, the relatives might not get their fair share according to state laws. If you’re in the middle of the probate process, you could always hire a probate attorney who could make the process easier.
Other people dislike probate because it costs money. You might have to deal with court and attorney fees, but it’s still a valuable process that helps the state act in the estate’s best interests. If you’re the executor of the estate, you might even be entitled to your own payment, although you could choose to waive this fee.
How could you make probate easier?
Probate can be particularly stressful for executors of the will. Whether you’re an executor or a family member, you could hire an attorney to help you through the process. An attorney could help experienced executors as well as people who have never dealt with a will before. You might have to pay attorney fees, but you could save money in the long run by completing the probate process as soon as possible. Plus, you could feel confident knowing that you’re acting in the estate’s best interests.