Elizabeth, NJ Probate Lawyers

Most people haven’t had to deal with probate court before and naturally have many questions. It is important to know that you do not have to go through this process alone. Our Elizabeth probate lawyers are here to lend you our support and legal guidance during this stressful time. 

Feel free to reach out to us at any time for a free initial consultation. We will be happy to answer your questions and address any concerns you may have.

Why Is Probate Necessary?

You’re probably learning the numerous tasks required to tie up all the loose ends and attend to all of the financial and legal matters after a loved one passes away. Regrettably, it is not the most opportune moment to acquire new knowledge while you are coping with the passing of a loved one. You may be curious about the necessity of probate, especially when your loved one has left a will detailing how they want their assets to be distributed. Most states still require probate for any will to be legally recognized and enforced. Probate must be completed to ensure that the deceased’s wishes are carried out in accordance with their will. 

The main exceptions to this rule are if the deceased had a small estate, which is defined as any estate valued at less than $50,000, or if the deceased had a trust in place that specified how and to whom their assets were distributed. Another exception occurs when property is jointly owned by the deceased and another person, such as a spouse. Probate may not be required in any of these scenarios. However, probate will be necessary if these exceptions do not apply.

What You Can Expect During the Probate Process

If the exceptions to the deceased’s estate do not apply to your situation, you will need to file for probate in the county where the deceased resided or owned property. In some states, probate is also required for the assets held in a revocable living trust since the assets are still considered part of the estate. If an executor is named in the will, they will be charged with a laundry list of tasks to complete, including:

• Identifying all of the deceased assets 
• distributing the deceased’s assets in accordance with the terms of the will
• notifying all creditors of the deceased’s death and give them a certain period of time to file a claim against the estate
• paying all of the deceased’s debts and taxes and file all of the necessary tax returns 
• notifying all beneficiaries of the death of the deceased and of any assets that have been transferred to them 
• preparing a final accounting of all the assets and liabilities of the deceased 
• And more…

Once these tasks are completed, a final accounting is submitted to the probate court, where a court-appointed representative carefully examines and reports on its validity. The probate court then reviews the final accounting and decides whether to approve or disapprove it. If the final accounting is not approved, the probate court may order the executor to prepare a new final accounting that includes the recommended changes.

How Our Elizabeth Probate Lawyers Can Help You

If you are the executor or personal representative of your loved one’s estate, then all of the above tasks fall to you. Even in cases where there are few obstacles and your case is relatively straightforward, there will still be a great deal of pressure to get everything accomplished. Furthermore, many things have the potential to undermine your case, such as: 

• The validity of the will being questioned
• The interpretation of the will being questioned
• The proper heir being debated
• Disputes started over how assets should be divided
• An heir or beneficiary who is a minor
• If the assets include real estate
• And more…

All of these run the risk of making probate more expensive and time-consuming, which is the opposite of what anyone wants. We have extensive experience in handling a wide range of probate cases, including those with complex matters and estates of varying degrees of complexity. Rest assured that our Elizabeth probate lawyers have encountered and successfully represented families in all kinds of challenging situations. You would be well-advised to seek legal guidance at the beginning of the process rather than waiting until you are overwhelmed with issues and caught in the midst of a probate dispute.  

Still, even if things start to go wrong, it is never too late to contact us. In order to ensure a favorable result, we are delighted to provide tailored services that are best suited to your specific situation.

Choose Patel & Cardenas As Your Trusted Source For All Your Probate Needs

The Law Offices of Patel & Cardenas is proud to offer a remarkable team of attorneys licensed to practice in New York and New Jersey with over 30 years of collective experience across a wide range of practice areas and an exceptional success record. Call our Elizabeth probate lawyers today to set up a free consultation and learn about how we can serve you. Let our team take the weight off your shoulders by handling the legal aspects of your case so that you can take this time to focus on your family and honoring the memory of your loved one.