The initial inquiry when a person dies is whether or not the decedent has a Last Will and Testament. Where a Will exists, a probate proceeding is commenced in the Surrogate’s Court. Assuming the Will is admitted to probate, the terms of the document control the appointment of an executor…
There are many instances where a person dies intestate, without a Last Will and Testament. When this occurs, a decedent’s estate is distributed to his next of kin or distributees pursuant to the priorities established under Estates, Powers and Trusts Law Section 4-1.1 entitled “Descent and distribution of a decedent’s…
The New York Surrogate’s Courts are presented with many different types of proceedings. Those proceedings include probate cases, intestate administration matters and accounting proceedings, just to name a few. There is a separate Surrogate’s Court located in various counties throughout the state. For example, there is the Queens County Surrogate’s…
Time and again, the New York Probate Lawyer Blog has published articles discussing the manner in which the issue of kinship can affect estate administration. The reason kinship is important is because in both probate and intestate estate cases, the Court must receive complete information regarding a decedent’s distributees. The…
In situations where a decedent does not leave a Last Will and Testament, the Court must be satisfied that it has received complete kinship information. This is because both the appointment of the estate administrator and the ultimate distribution of estate assets are based upon identifying the decedent’s next of…
All proceedings regarding an inheritance from a decedent require that interested parties receive proper notice to protect their interests. Whether an estate involves the probate of a Last Will and Testament or administration where there is intestacy, it is essential to determine the identity of a decedent’s heirs or distributees. …
A person who dies without a Last Will and Testament is said to have died intestate. According to Estates, Powers and Trusts Law (EPTL) Section 4-1.1, entitled “Descent and distribution of a decedent’s estate,” there is a statutory priority as to the identity of the individuals who are entitled to…
When a person dies without a Last Will and Testament, he is deemed to have died intestate. In these matters a petition must be filed with the Surrogate’s Court to have an Administrator appointed to handle estate affairs. A fiduciary is needed for estate settlement. To begin the process to…
When a person dies intestate (without a Last Will), his estate is distributed according to the laws of intestacy. Estates, Powers and Trusts Law (EPTL) Section 4-1.1 entitled “Descent and distribution of a decedent’s estate” , provides the statutory list of distributees entitled to receive a distributive estate share. In…
The settlement of an estate in New York invariably involves the kinship of a decedent. Whether the proceeding concerns the probate of a Last Will or an intestate administration, the Court requires full and specific information regarding the decedent’s next of kin (known as “distributees”). In a probate case, the…