Probate refers to the distribution of assets supervised by the surrogate court in Queens. Probate exists because once the will-maker passes on, there is no way to change the assets’ titles to the beneficiaries that are entitled to them.
The law that handles probate is found in the Queens probate code. This code contains all the statutes that relate to probate and the probate process.
Besides the Probate Code, the law of handling probate is also found in case of decisions as well as in local court rules. While county courts can use the state Probate Code in Queens, they can also come up with decisions depending on the issue.
Local court rules come on both written and unwritten versions. Most counties will go ahead and come up with local rules at the court clerk’s office. Additionally, each judge has his own rules and policies regarding specific matters. This is why you need to work with Queens probate attorneys that understand the state, local and unwritten rules, and procedures.
Most documents filed with the probate court are prepared on forms. These forms are used across the state. Other forms are created for single-use locally. When you present a probate case to court or a dispute, you will use a fill-in-the-blank or fill-in-the-box format to complete the form. The format forces you to make all the necessary allegations and provide all the facts to the probate court.
As Queens probate attorneys, we have all the skills and expertise to help you assess your case, fill in the forms and file them with the court clerk and make sure everything is working out perfectly.