Whether a decedent dies intestate without a Last Will and Testament, or with a Will, the retention of an experienced estate attorney can be essential to settling an estate efficiently. In the case of intestacy, a proceeding to obtain letters of administration will be required to collect assets that are held in the name of the decedent. A petition for letters of administration requires that all of the decedent’s distributees (next of kin) be identified by name and address. In many cases, the identity and location of distributees is unknown. An experienced estate lawyer is familiar with the process of locating unknown heirs and retaining the services of professional genealogists when needed. Obtaining an Order from the Surrogate’s Court to allow the publication of a Citation for unknown distributees requires a demonstration of a due diligence search.
An attorney can be an essential part of the process in completing kinship issues in these situations. Sometimes representation in a kinship proceeding may be needed.
As to probate proceedings, the probate process can be complicated. There are many aspects to having the Surrogate’s Court admit a Will to probate. A probate attorney is able to examine a Will to see if it was executed properly according to the estate laws. Estates, Powers and Trusts Law Section 3-2.1 entitled “Execution and attestation of wills; formal requirements” provides the requirements for executing Wills. Additionally, persons who are dissatisfied with Will provisions may file a Will contest to challenge the validity of the document. A probate lawyer is familiar with procedures that occur in contested Will cases. These include dealing with issues such as undue influence and testamentary capacity. Also, deposition testimony of the attesting witnesses to a Will and the attorney who drafted the Will is part of the Will contest process.