The New York Probate Blog contains numerous articles discussing the differences between Surrogate’s Court probate proceedings and administration proceedings. When a decedent leaves a Last Will, the process is to probate the Will and then to distribute the estate assets according to the Will provisions. The appointed Executor will receive Letters Testamentary from the Court. If a person dies intestate (without a Will), the next of kin or distributees need to file a petition to obtain Letters of Administration. New York Estate Litigation Lawyers are aware that there can be many complications and controversies in Administration cases.
A recent decision by Suffolk County Surrogate John Czygier decided on September 16, 2014 and entitled Estate of Lambert, provides an example of many of the potential problems. In Lambert the decedent died as the result of a vehicular accident. He was survived by eight children all of whom were non-marital. Continue reading