After a person dies it is necessary to determine whether it is necessary to file a Surrogate’s Court proceeding. Such filing would be in the form of either a Probate Proceeding or an Administration Proceeding. The Surrogate’s Courts are located in the various counties in New York. For example, there is the Brooklyn Surrogate’s Court, a Manhattan Surrogate’s Court and a Queens Surrogate’s Court.
An initial inquiry regarding a decedent’s estate concerns whether or not the person was a New York domiciliary. Domicile is commonly known as the place where a person has a permanent home. While a person may have a number of different residential addresses, he has only one domicile.
Domicile is important because it typically determines the local law that controls the disposition of an estate. The New York Courts usually do not accept a case for filing absent a New York domicile or the presence of the decedent’s property in New York. The New York Probate Lawyer Blog has published a number of articles concerning domicile and estates.