Probate And Estate Administration In New York
If a person dies without a will in New York and has assets in his or her name alone at the time of death, a formal legal proceeding known as a NY Administration Proceeding is brought before the Surrogate’s Court which is a little different from a NY probate proceeding where the decedent had a NY will. It is needed in order to legally obtain authority to marshal and collect the assets of the estate and then pass them to the legal heirs at law under New York law. The heirs at law are the close family members that survived the decedent who stand to inherit pursuant to the line of succession under NY law. This authority is given once the Surrogate’s Court grants the petitioner a court order/decree called NY Letters of Administration if there is no will as opposed to Letters Testamentary which are given by the Surrogate’s Court when there is NY probate when you have a will.
New York Administration Proceeding Is Brought By A Close Family Member Of The Decedent
This proceeding is generally brought by a close family member of the decedent in a formal legal proceeding before the Surrogate’s Court in the county where the individual resided at the time of death. The family member must retain a NY probate and Estate lawyer and request that the court have them appointed as the Administrator of the estate. If you have had a close family member who has passed away and has no will or had a will and had assets in his or her name and they lived in the New York City Metropolitan area, Westchester, Long Island, White Plains, Bronx, Brooklyn, Staten Island or Queens, the NY probate and estate lawyers at The Law Offices of Michael Camporeale can help you secure NY Letters of Administration or NY Letters Testamentary because we are experienced NY probate and estate lawyers.The petitioner asking to be appointed the NY Administrator of the estate and who is asking for NY Letters of Administration has the burden to prove to the Surrogate’s Court that they are related to the decedent and that they should be appointed the NY Administrator of the estate and that they know who the heirs of the estate are.
The New York estate lawyers and probate planning attorneys at The Law Offices Of Michael Camporeale P.C. have years of experience and we have been helping clients in Staten Island, New York, Brooklyn, Bronx, White Plains, Garden City, Melville, NY for over a decade. Just give us a call today at (718) 475-9639 to schedule your Free Initial Consultation. Our estate planning attorneys and elder law lawyers will be happt to assit you and work with you on Medicaid planning which will help you in the time of need.
Close Family Members Are Notified Of The Decedent’s Passing And The Status Of Their Assets
The formal NY estate legal proceeding which is brought before the Surrogate’s Court in New York requires notice to the close family members of the decedent informing them that the decedent has died and that there are assets belonging to the estate and that they wish to be appointed the administrator of the estate.
If the NY Surrogate’s Court appoints the petitioner the Administrator of the estate and grants NY Letters of Administration if there is no will or NY Letters Testamentary if there is a will, they will have the legal authority to collect and marshal the assets of the estate and then distribute them to the legal heirs at law of the estate pursuant to New York law if there is no will, or to the beneficiaries of the Will if there is a will.
New York Probate And Estate Administration Is A Complicated Process
The NY Administration proceeding and the NY probate proceeding is a complicated and complex process which takes place in a special court known as Surrogate’s Court. The Surrogate’s Court is a court solely dedicated to the cases and affairs of deceased individuals and is very different than all other types of cases which are generally brought before the Supreme Court which handles all other cases in New York. Each county will have its own Surrogate Court to hear NY administrations and NY probate cases. Therefore, the NY probate and estate lawyers at The Law Offices of Michael Camporeale can bring the appropriate NY probate or NY administration proceeding in Manhattan, Queens, Long Island, Bronx, Westchester, Brooklyn or Staten Island. Our estate planning lawyers are fully equipped to do the job for you. We also have Medicaid planning lawyers and elder law attorneys to take care of all your needs.
The Surrogate’s Court Has A Different Set Of Rules And Procedures To Be Followed
The Surrogate’s Court In New York have their own different set of rules and procedures which need to be followed in order to complete the NY Administration or NY Probate process to establish a NY estate.
The NY probate and estate attorneys at The Law Offices of Michael Camporeale are well versed and experienced in the NY Surrogate’s Court and its procedures and requirements in order to successfully administer a NY estate and get a NY Administrator or NY executor appointed over an estate. Once that person is appointed that person will have the legal authority to collect, marshal and obtain the assets of the decedent and place them into the NY estate of the decedent and then pass them to the appropriate heirs at law of the decedent with the issuance of NY Letters of Administration if there is no will or NY Letters Testamentary if there is a will by the Surrogate’s Court. The NY heirs at law are the family members who the law mandates will inherit from the NY estate when there is no will. If there is a will then the beneficiaries under the will would then inherit.
For more information on New York Probate And Estate Administration, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 475-9639 today.
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