Probate Attorney in Albany, New York
Albany, New York has a legal process known as "probate." This is when a court decides whether or not a will is valid, and, accordingly, whether or not to effectuate its provisions.
As part of the probate procedure, the court in Albany, New York will determine the validity of the will, inventory the decedent's assets and debts, then, assuming everything is found to be in order, distribute the estate according to the will.
Most wills name a specific person as the executor of the estate, but sometimes they don't, or the named executor is dead, out of the court's jurisdiction, or otherwise unfit to serve in this capacity. In these cases, a Albany, New York probate court has to appoint one.
The executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living embodiment of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been involved in. If an executor needs to be appointed, a court usually chooses the person who will inherit the most if the will is given effect, since that person will have the most incentive to carry out the duties of the executor.
Duties of the Executor in Albany, New York
The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be completed before the will is given effect.
Also, it's the executor's job to notify all interested parties that the person who made the will has died. "Interested parties" are generally people who are named in the will, or who would inherit the estate if the decedent had died without a will.
There may be many people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them difficult to find, but they need to be found, nonetheless. To that end, the executor is required to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Additionally, they have to make known all of the decedent's major assets and debts.
Furthermore, the executor is required to take a leading role in proving the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.
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How Can A Albany, New York Lawyer Help?
Because of the complexities involved in probate, it would be smart to hire a good Albany, New York probate lawyer, especially if you are the executor of an estate and unsure how to proceed.
There are 46 Wills, Trusts and Estates cases posted in Albany
Cases Posted to LegalMatch listed by ZIP Code:Probate Attorneys in the Largest NY Cities
Life in Albany
Albany is the capital city of New York State, and the county seat of Albany County. Albany, New York is a medium-sized city, boasting a population of just under 100,000 people.In 1908, Albany, New York opened one of the first commercial airports in the world, which served as a precursor to the Albany International Airport, which officially opened in 1920, and has been in continuous use since them.
Also, Albany, New York has a rich arts scene, with several renowned artists calling it home, along with some successful galleries. At the beginning of the spring season, Albany hosts an annual tulip festival, a popular regional event.
Albany is also a diverse city, with residents from a wide range of backgrounds. Albany's thriving artistic community, at least in part, owes its existence to this diversity.
New York is home to several nationally-renowned law schools, including New York University, and Columbia University, as well as some less-known law schools, which are very well-respected locally. Because of this, there is no shortage of Albany, New York lawyers.
Whatever legal problem you might have, it's likely that you can find a competent Albany, New York lawyer, at a fair price.
