What is the Difference Between Probate Law and Estate Law?

Jun 25, 2022

If you've ever wondered about the differences between estate and probate laws, then you're not alone. Probate law is very complex and involves a variety of legal proceedings. The process of proving that a person passed away and leaving behind a will takes several months. If there are numerous disputes and a complex will, it can take even longer. Once the process is over, the property will be divided according to state law and the rightful heirs. A personal representative is appointed by the court to carry out the final arrangements for distributing the assets. Probate law can be complex and expensive, and it is wise to consult an experienced estate attorney to help you.

Probate and estate attorneys are specialized in the administration of estates. Both practice the same field, but they have slightly different specialties. A probate attorney handles the administration of an estate, while an estate lawyer handles the financial matters. Probate lawyers deal with a variety of different documents, and they are often more familiar with handling wills and death certificates. Estate attorneys also have a wider knowledge base than a probate lawyer, and can help navigate these documents for family members.

Despite these differences, estate and probate laws have similar requirements. The probate process is the first step in settling the death of a loved one, while estate administration is the process of administering the estate. Both are important parts of estate planning, and if you're unsure how to proceed, it's best to consult a probate attorney for guidance. They'll be able to provide as much assistance as you need.

Estate attorneys are required by law to protect the assets of deceased individuals. These lawyers write wills for them, and may also assist beneficiaries. While an attorney may be appointed as the Executor of a will, he or she will not be around at the time of death. The attorney can help you determine what assets you want to leave your family. A probate attorney can help you understand the estate law laws and make sure that your wishes are followed.

Probate is the process of proving a will to be valid in court. A person's will is filed with the probate court in his or her county of residence. The court then conducts a hearing to determine if the will is valid. If it's valid, the estate plan is legally binding. If there is no valid will, probate is the proper course of action. During this process, assets are distributed according to the will's terms.

In New York, probate is governed by the Surrogate's Court Procedure Act and Estates Powers and Trust Law. The will must be signed in front of two witnesses. The executor is then formally named and begins the process of distributing the estate's assets. The executor must settle any estate liabilities. The entire process takes approximately two months to complete. If the value of an individual's personal property is under $300,00, they will need to file a small estate proceeding.