Probate

The transferring upon a person’s demise of property is called probate. It is a court supervised process designed to sort out the transfer of property upon death.   Subject to probate is property which unlike insurance policies and payable-upon-death bank accounts, does not pass onto others. 

Probate may be contested or uncontested.  Contested probate usually arises when an heir is seeking a larger share of decedent’s property that was actually received.  The deceased may have made designations in their will leaving property to whoever they choose. In certain situations those wishes can be overridden by the courts, i.e., in the example of a spouse.  Also creditors may have claims on the property.

Contact The Law Offices of Luis R. Trujillo, Jr.  for any questions on probate proceedings at (646) 509-2283 or (631) 665-3087.