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New York doesn’t have a firm legal deadline for filing probate. But if you file for probate more than 6 months from the date of death, the court may require an affidavit from the executor explaining the delay. Judges want to see valid reasons before allowing late filings.
It’s best to start the probate process as soon after a death as possible. Because delays lead to issues.
You do want to have an executor appointed as soon as possible, so that someone can deal with estate issues that come up. Just because someone is nominated in the will, it doesn’t mean they have the authority to act. They need court approval to act. They need letters testamentary. The faster you start the probate process, the faster there will be someone who can manage the estate.
Property taxes continue accruing. Insurance and carrying expenses need to be paid. Beneficiaries wait on distributions. All kinds of things can come up. If you’re slow to probate, those problems can accumulate.
If you delay probate, you risk damage to the estate’s assets. The estate needs oversight.
Real estate may decline in value. Vehicles depreciate over time. Financial accounts can lose value without management.
Finally, delays strain relations between heirs and others awaiting estate payouts. Impatience and frustration simmer without progress. Conflicts then flare that faster probate could have been avoided.
While most estates do not trigger federal estate taxes, larger ones valued over $12.06 million do face IRS obligations. Estates below this high threshold generally have no reporting requirements. For the few that exceed the limit, any estate taxes owed must get paid within 9 months of death. Missing this deadline results in fines and interest charges quickly compounding what is due.
Beyond potential estate taxes, other pending debts left behind often have set payment deadlines as well per contracts. This includes outstanding credit card balances, mortgages, final medical bills, personal loans, and more. Banks and creditors communicate these repayment timetables. Defaulting causes more fees and higher interest rates.
With no firm statutory timeframe, questions arise on how long families can wait to petition for probate. Indefinite delays cause financial harm, asset damage, and conflicts over an estate. Yet grieving families need time before facing legal complexities.
This is why meeting a probate attorney makes sense. Expert guidance helps:
- Protect at-risk assets if delays happen
- Formalize executor appointments limiting liability
- Develop reasonable client timelines and goals
- Prioritize any debts and taxes needing quick action
- Secure extensions if reasonable
Contact our attorneys if you need to start the New York probate process after a death. You can call us at 212-233-1233 or send us an email at [email protected]. We expedite matters, meet deadlines, and prevent typical problems when probate stalls. Time remains important.
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
