The probate process begins after a person’s death in Manhattan. This process is necessary for a court to authenticate a will, determine the property rights of heirs, appoint an executor of an estate, and make official rulings concerning the actions of executors.
However, this process can only begin once a party asks a court to open a case. Probate is never automatic, and courts will only act when they receive a proper petition to open probate. Understanding what information is necessary to submit these petitions is essential to quickly begin probate and allow executors to perform their duties under the law. As a result, opening an estate in probate in Manhattan is a legal process where a lawyer’s advice can be valuable.
Why is Opening an Estate in Probate Important?
Probate is the process whereby heirs named in a will can receive property from an estate. The probate process occurs over many stages. It begins when a party submits an official request to open probate to the correct court. That court will then evaluate the authenticity of the will, appoint an executor, and oversee the executor’s activities.
The role of the executor is to take temporary control of the assets at hand, pay the debts of the estate, and distribute the assets to the heirs. The executor gains a nomination through being named in the will. This party may be the one to submit the application for probate to the court. If so, they must explain their reasons for why they should serve as the executor.
Probate is an essential process for ensuring that estate property goes to the correct parties. Opening an estate in probate as soon as possible after a person’s death in Manhattan is of the utmost importance.
How to Initiate Probate
Any party with an interest in an estate may submit a petition for probate to the court. The proper court is the one that has jurisdiction over the estate by virtue of being located in the county where the individual lived prior to death. Usually, a nominated executor of an estate will file this petition; however, the law does not prohibit others from coming forward.
Kansas Statute § 59-2219 outlines the requirements for submitting a petition for the administration of an estate. It must include information concerning the decedent, the heirs of the decedent, the nature of the decedent’s property, and the potential executor. Additionally, KS Statute § 59-2220 describes information necessary for a formal petition for probate. The statute states that this separate petition must also include information about the potential devisees, the executor nominated in the will, and a copy of the will.
It is essential to include vital information about the decedent, their property, and the nominated heirs in a petition to open probate. Working with a skilled Manhattan attorney could help ensure that a petition to open an estate in probate includes the necessary information and conforms to all relevant legal requirements.
Opening an Estate in Probate in Manhattan Requires Research and Attention to Detail
The probate process is essential for protecting the legal rights of parties after a death. It is the sole means to appoint an executor, pay the estate’s debts, and ensure that property goes to the proper heirs.
When opening an estate in probate in Manhattan, it is crucial to work with an attorney who understands the complexities of the process. Our team has experience helping numerous individuals and families with estate planning, and we are ready to put our knowledge to work for you. Call today to get started.