Joan Iacono
Divorce, Real Estate & Probate

Probate Information Center


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Probate Info Center

Serving New York's Probate Needs

Since 1984, attorney Joan Iacono has guided families in Westchester, Putnam and Rockland counties thorough the New York state probate process.

Known for her compassion and creative problem-solving approach, Ms. Iancono is skilled at working through the probate process, settling any disputes and transferring property to the beneficiaries.

The following provides general information about the probate process. For more information about Ms. Iancono's legal services, visit our probate page.

Probate and Estate Administration - An Overview

Estate administration refers to the process of probating the estate of a decedent, which generally includes collecting, inventorying and appraising assets; paying and collecting debts; filing and paying estate taxes; and distributing any remaining assets to beneficiaries. An experienced probate and estate administration attorney from Iacono Law Office in Bronxville, New York, can help simplify this complicated process. If you need help in the administration of an estate, call Iacono Law Office today.

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The Probate Process

Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures prescribed by each state for carrying out the process.

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Role of the Executor

An executor is the person named by the creator of the will (the testator) to carry out the terms and provisions of the will. In addition to locating important documents and notifying Social Security, pension providers, annuity providers and other entities of the death, the executor has numerous other legal responsibilities.

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Avoiding Probate

Assets disposed of outside the probate process are part of the non-probate estate. Because a probate proceeding is not required, these assets are distributed more quickly to the appropriate beneficiaries. Many people seek out these assets and ownership models to save their loved ones from the difficulties associated with going through probate.

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Will Contests

The fact that a person leaves a will does not guarantee that her or his property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a legal challenge, called a will contest, may be brought by anyone with an interest in the will who believes it is invalid.

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Frequently Asked Questions about Probate and Estate Administration

Q: What is probate?

A: In general, probate is the court procedure by which a will's validity is proved, assets collected, creditors paid and the remaining assets distributed to beneficiaries under the will.

Q: What is a will contest?

A: A will contest is a legal action that challenges the validity of a will and/or the terms of the will. Will contests typically involve allegations that a will was inadequately executed, invalidated by a later will or was the result of forgery or undue influence.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2010 by Joan Iacono. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.