You may already be emotionally overwhelmed by the tragic news of your loved one’s passing. So, understandably, the last thing you may want is the headache of initiating formal probate proceedings to get their remaining property and assets administered. Well, you may be intrigued to learn about the potential for an informal probate process. Without further ado, please follow along to find out whether your loved one’s estate is eligible for informal probate and how a proficient Putnam County probate attorney at the Law Office of Andres D. Gil, PLLC, can help you navigate this alternative route.

What is an informal probate process?

Simply put, an informal probate process removes the need for step-by-step oversight from the New York State Surrogate’s Court. Instead, the estate’s legal representative may handle this independently, mostly through paperwork. Once their work is complete, they may be required to submit a statement to the court assuring that they have paid all the estate’s outstanding debts and taxes, administered all property and assets to designated beneficiaries accordingly, and otherwise disclosed all relevant and necessary accounting documentation. The court may close the probate case upon receiving this submission.

When is my loved one’s estate eligible for informal probate?

The informal probate process may appear like a streamlined, straightforward approach for handling your loved one’s estate. But this may only be true if the extenuating circumstances are right. That is, eligibility for the informal probate process is as follows:

  • Your loved one’s estate must not be made up of any complex assets, or only a very select few:
    • There cannot be diverse assets like intellectual property and investment stocks/bonds.
    • There cannot be a large number of beneficiaries with different levels of stake in the estate.
    • There cannot be high-value assets with complex taxation like real estate holdings in multiple states.
  • Your loved one’s estate must not be made the target of heightened and serious family disagreements:
    • There cannot be any formal petition to contest the will on the grounds of fraud, undue influence, etc.
    • There cannot be any relationship-ending fights amongst beneficiaries on how the estate is divided.
    • There cannot be any official challenges made on how the executor is handling their responsibility.
  • Your loved one’s estate must not be supplemented with an invalid Last Will and Testament document:
    • There cannot be instructions for estate administration that violate state and federal laws.
    • There cannot be any confusion about the identities of certain beneficiaries and the executor.
    • There cannot be an executor appointment of someone unwilling or unable to fulfill it.

In the end, if you are ready for the probate process, please retain the services of a talented estate planning attorney in Putnam County. Our team at the Law Office of Andres D. Gil, PLLC awaits your phone call.