Following a person’s death, a petition may be filed with the Surrogate’s Court for the probate of the decedent’s Last Will. Usually, the person nominated as the Executor in the Will engages a New York Estate Lawyer for representation in the probate proceeding. As discussed in prior posts in this blog, a decedent’s next of kin or distributees must receive notice regarding the probate process. Such distributees may sign a Waiver and Consent which provides that they do not object to the Will. If such consent is not forthcoming, then a Citation needs to be issued by the Court and served upon these potential objectants.
Will Contests and other estate litigation can take a long time to resolve. During the delay in obtaining a resolution of the probate issue, there are many matters concerning an estate that need to be attended to. For example, assets such as bank and stock accounts need to be collected, the decedent’s debts and estate obligations such as estate and income taxes must be paid and other assets such as real estate have to be secured and maintained. Continue reading →