Legal process after death in NYS. What is the legal process to follow after his death?
My brother designated the beneficiaries for all his assets. His will designates the recipients of personal belongings. Upon his death is Probate necessary? What is the legal process to follow after his death?
As an Executor you may still need to get a Short Certificate to handle his banking, stocks etc. Did he leave a home? Is it in trust? If everything is all set up that probate is not needed, then you just make sure that everything is distributed correctly. That beneficiaries get what they need to file claims. The Probate Office can help you sort it out.
My dad’s will and life estate deed on his home were structured in such a way that I didn’t have to go through probate. Much depends on what assets there are, real estate being the big one, and how the will is written. Though I didn’t do probate I still got the advice of a lawyer for closing out the estate and asset distribution. It was well worth the money for the sound advice. I’d definitely check with a lawyer for guidance and I’m sorry you’re going through this
If his will document has the name of the law firm/attorney who drafted it, you can contact them for guidance (as long as they practice NYS). It's possible that his estate may still need to go through probate but it shouldn't take as long. Hopefully you requested multiple copies of his death certificate (like 10-15) which will be required by all of the financial institutions and insurance companies. I'm sorry for your loss.
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