New York Probate and Administration of Estates
New York Surrogate’s Court determines the distribution of assets of a deceased person.
The deceased is called the decedent. The personal and real property of the decedent is called the estate. If the decedent left a Will, he died testate, and the Will is submitted to probate. If the decedent died without a Will, then the proceeding used to determine the distribution of his property is called administration. The Surrogate’s Court judge is called the Surrogate.
Type of Estate Proceedings
New York probate and administration of estate cases may fall under one of three types of proceedings:
- Assets Less Than $30,000 – If the Decedent had personal property values less than $30,000, then the estate is subject to a small estate proceeding called a voluntary administration.
- Probate – If the Decedent had a Will, then the Will is subject to a probate proceeding.
- Administration – If the Decedent died without a Will, his assets are subject to an administrative proceeding.
The Law Office of Bryan J. Hutchinson, PLLC, represents clients in the Bronx, Queens, Brooklyn, Manhattan, and New York State for more than 19 years. We represent victims of automobile accidents, medical malpractice, slip and fall injury, nursing home abuse, probate and administration, divorce, and neglect cases.
FREQUENTLY ASKED NEW YORK PROBATE QUESTIONS
Bronx, New York probate lawyer Bryan J Hutchinson is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding. If you need help filing for probate or objecting to the probate of a Will, call the Law Office of Bryan J. Hutchinson, PLLC at (718) 671-0900.
The following person may request a copy of the death certificate:
– Spouse;
– Domestic partner;
– Parent;
– Child;
– Sibling;
– Grandparent;
– Grandchild;
– Informant listed on the certificate;
– The person in control of disposition;
– Niece/Nephew;
– Aunt/Uncle;
– Great grandchild and a great-great-grandchild; and
– Grandniece/Grandnephew.
1. It is established that the Will has not been revoked; and
2. Execution of the Will is proved in the manner required for the probate of an existing Will; and
3. All of the provisions of the Will are clearly and distinctly proved by each of at least two credible witnesses or by a copy or draft of the Will that is proved to be true and complete.
A petition, the original Will, a certified death certificate, and the paid funeral bill must be filed with the Surrogates’s Court.
THE EXECUTOR
Your Executor is the person who will be responsible for administering your estate through the complexities of the probate process. Therefore, you want a person who is financially responsible, stable, and trustworthy. Sometimes the best person for this most important function is your attorney. Your Executor will be responsible for collecting the assets of the estate, protecting the estate property, preparing an inventory of assets, paying valid claims against the estate, representing the estate in claims against others, and distributing the assets of the estate to the beneficiaries.
(1) Gather assets of the estate;
(2) To invest and reinvest the property of the estate;
(3) To effect and keep in force fire, rent, title, liability, casualty, or other insurance to protect the property of the estate or trust and to protect the fiduciary;
(4) To take possession of, lease, collect the rents from and manage, mortgage, and sell real property;
(5) To employ any bank;
(6) To contest, compromise or otherwise settle any claim in favor of the estate; and
(7) To pay taxes, all other reasonable and proper expenses of administration from the property of the estate, including the reasonable expense of obtaining and continuing his bond and any reasonable counsel fees he may necessarily incur.
Bronx, New York probate lawyer Bryan J Hutchinson is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding. Needless delay in filing for probate may expose estate assets such as stocks and bonds to market forces resulting in losses to the estate. Please call the Law Office of Bryan J. Hutchinson, PLLC at (718) 671-0900 to file for probate and preserve the assets of the estate.
OBJECTION TO THE PROBATE OF A WILL
Bronx, New York probate lawyer Bryan J Hutchinson is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding.
If you need help filing for probate or objecting to the probate of a Will, then call Bronx probate lawyer Bryan J. Hutchinson at (718) 671-0900.
- Forgery;
- Fraud;
- Duress or undue influence;
- Lack of capacity of the testator;
- Lack of proper formalities in the execution of the Will; and
- Later executed Will.
If you need help filing for probate or objecting to the probate of a Will, then call experienced Bronx probate lawyer Bryan J. Hutchinson at (718) 671-0900 to guide you through the probate process and protect your rights to the assets you deserve.
- Did the testator (Decedent) have testamentary capacity?
- Was there undue influence on the Decedent?
- Was there fraud in the drafting of the Will?
To prove the testamentary capacity of the Decedent, the petitioner must demonstrate that Decedent “understood the consequences of executing the Will, knew the nature and extent of the property being disposed of and knew the persons who were the natural objects of his bounty and his relationship to them.” See Matter of Prevratil, 121 AD3d 137, 140 (2014). Testamentary capacity concerns a person’s mental condition only at the time of the execution of the Will.
The testator need only have a general knowledge of his assets. The testator does not need to have a precise knowledge of all his assets. See Matter of Walker, 80 AD3d 865 (3d Dept 2011).
Bronx, New York probate lawyer Bryan J Hutchinson is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding.
If you need help filing for probate or objecting to the probate of a Will, then call experienced Bronx probate lawyer Bryan J. Hutchinson (718) 671-0900 to guide you through the process and protect your rights to the assets you deserve.
(i) A motive to influence the testator;
(ii) Opportunity to influence the testator; and
(iii) The actual exercise of undue influence.
See Matter of Greenwald, 47 AD3d 1036, 1037 (2008); Matter of Malone, 46 AD3d 975, 977 (2007).
Bronx, New York probate lawyer Bryan J Hutchinson is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding.
If you need help proving or defending a claim of undue influence or fraud in the probate of a then Will call experienced Bronx probate lawyer Bryan J. Hutchinson at (718) 671-0900 to fight for your rights and get your fair share of assets you deserve.
Bronx probate lawyer, Bryan J Hutchinson, is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding.
If you need help proving or defending a claim of undue influence or fraud in the probate of a Will, then call experienced Bronx probate lawyer Bryan J. Hutchinson at (718) 671-0900 to fight for your rights and get your fair share of assets you deserve.
SCPA § 1404 estate litigation is a serious matter with major consequences and should not be taken lightly. To determine if there are enough grounds to object to the probate of a Will an SCPA § 1404 examination may be necessary to determine the validity of the Will. An SCPA § 1404 examination is conducted similar to deposition and allows a party to examine the following persons before or after the filing of an objection:
- The draftsperson of the Will;
- The attesting witnesses of the Will execution;
- If the Will contains a provision designed to prevent a disposition or distribution from taking effect in case the Will, or any part thereof, is contested, the nominated Executors in the Will and the proponents; or
- Any person whose examination the court determines may provide information with respect to the validity of the Will that is of substantial importance or relevance to a decision to file objections to the Will.
Given the serious financial consequences that flow from a Will contest, you must get a knowledgeable and experienced attorney to conduct the SCPA § 1404 examination.
Bronx probate lawyer, Bryan J Hutchinson, is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding. If you need help conducting or defending an SCPA § 1404 examination, then call the Law Office of Bryan J. Hutchinson, PLLC at (718) 671-0900 to protect your rights.
ATTORNEY ISSUES
Bronx probate lawyer will help you gather and protect assets of the estate and distribute the assets to estate beneficiaries. Call Bronx probate lawyer Bryan J. Hutchinson at (718) 671-0900 for a confidential consultation.
DISTRIBUTION OF ESTATE ASSETS
Our Bronx probate lawyer Bryan J. Hutchinson will fight to get your fair share and the timely distribution of property you deserve. Call (718) 671-0900 for a confidential consultation.
Our Bronx probate lawyer Bryan J. Hutchinson will fight to get your elective share of the property you deserve. Call (718) 671-0900 for a confidential consultation.
WRONGFUL DEATH ACTION
Bronx probate lawyer, Bryan J Hutchinson, is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding, medical malpractice, and personal injury actions. If your loved one has been the victim of medical malpractice or wrongful death, the law limits the time to bring an action. Call the Law Office of Bryan J. Hutchinson, PLLC now at (718) 671-0900 to protect your rights.
CITATION
FREQUENTLY ASKED NEW YORK ESTATE ADMINISTRATION QUESTIONS
Bronx, New York probate lawyer Bryan J. Hutchinson will guide you through the complexities of the administration process in gathering all the assets of the estate, paying expenses such as taxes, paying claims, and distributing assets to rightful heirs at law. Call Bryan J. Hutchinson at (718) 671-0900 for a confidential consultation.
The Bronx, New York probate lawyer Bryan J. Hutchinson, represents clients in all stages of the probate and administration proceedings, including but not limited to preparing and filing the petition, Will contest, accounting proceedings in the Surrogate’s Court in the Bronx, Queens, Brooklyn, Manhattan and Westchester Counties.
Bronx, New York probate lawyer Bryan J. Hutchinson will guide you through the complexities of the administration process in gathering all the assets of the estate, paying expenses such as taxes, paying claims, and distributing assets to rightful heirs at law. Call Bryan J. Hutchinson at (718) 671-0900 for a confidential consultation.
Bronx probate lawyer Bryan J. Hutchinson, represents clients in all aspects of probate and administration proceedings, including but not limited to preparing and filing the petition, Will contest, accounting proceedings in the Surrogate’s Court in the Bronx, Queens, Brooklyn, Manhattan, and Westchester Counties.
(a) the surviving spouse,
(b) the children,
(c) the grandchildren,
(d) the father or mother,
(e) the brothers or sisters . . .”
See SCPA §1001(1)
Letters of administration may also be granted to:
(a) to the public administrator, or the chief fiscal officer of the county, or (b) to the petitioner, in the discretion of the court, or
(c) to any other person or persons.
See SCPA §1001(8)
Bronx, New York probate lawyer Bryan J. Hutchinson will guide you through the complexities of the administration process in gathering all the assets of the estate, paying expenses such as taxes, paying claims, and distributing assets to rightful heirs at law. Call Bryan J. Hutchinson at (718) 671-0900 for a confidential consultation.
The Bronx, New York probate lawyer Bryan J. Hutchinson, represents clients in all aspects of probate and administration proceedings, including but not limited to preparing and filing the petition, Will contest, accounting proceedings in the Surrogate’s Court in the Bronx, Queens, Brooklyn, Manhattan and Westchester Counties.
SERVICE OF PROCESS
DISTRIBUTION OF PROPERTY
NON-MARITAL CHILDREN
Bronx probate and administration lawyer Bryan J Hutchinson is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding.
If you are a non-marital child seeking help in protecting your right to inherit from your father’s estate, call our Bronx probate and administration lawyer Bryan J. Hutchinson at (718) 671-0900 for a confidential consultation.
Bronx probate lawyer Bryan J. Hutchinson will guide you through the complexities of the administration process in gathering all the assets of the estate, paying expenses such as taxes, paying claims, and distributing assets to rightful heirs at law.
Bronx probate lawyer Bryan J. Hutchinson represents clients in all aspects of probate and administration proceedings, including but not limited to preparing and filing the petition, Will contest, accounting proceedings in the Surrogate’s Court in the Bronx, Queens, Brooklyn, Manhattan, and Westchester Counties.
(1) order of filiation was properly executed and filed during the father’s lifetime;
(2) the father has signed an instrument acknowledging paternity that meets certain conditions;
or (3) “paternity has been established by clear and convincing evidence,” such as by a genetic marker test or “evidence that the father openly and notoriously acknowledged the child as his own.” See New York Estates, Powers & Trusts Law § 4-1.2(a)(2)(C).
Bronx probate and administration lawyer Bryan J Hutchinson is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding.
If you are a non-marital child seeking help in protecting your right to inherit from your father’s estate, call our Bronx probate and administration lawyer Bryan J. Hutchinson at (718) 671-0900 for a confidential consultation.
Bronx probate lawyer Bryan J. Hutchinson will guide you through the complexities of the administration process in gathering all the assets of the estate, paying expenses such as taxes, paying claims, and distributing assets to rightful heirs at law.
Bronx probate lawyer Bryan J. Hutchinson, represents clients in all aspects of probate and administration proceedings, including but not limited to preparing and filing the petition, Will contest, accounting proceedings in the Surrogate’s Court in the Bronx, Queens, Brooklyn, Manhattan, and Westchester Counties.
Bronx probate lawyer Bryan J. Hutchinson represents clients in all aspects of probate and administration proceedings, including but not limited to preparing and filing the petition, Will contest, accounting proceedings in the Surrogate’s Court in the Bronx, Queens, Brooklyn, Manhattan, and Westchester Counties.
Bronx probate lawyer Bryan J. Hutchinson will guide you through the complexities of the administration process in gathering all the assets of the estate, paying expenses such as taxes, paying claims, and distributing assets to rightful heirs at law.
Bronx probate lawyer Bryan J. Hutchinson represents clients in all aspects of probate and administration proceedings, including but not limited to preparing and filing the petition, Will contest, accounting proceedings in the Surrogate’s Court in the Bronx, Queens, Brooklyn, Manhattan, and Westchester Counties. Call Bronx probate lawyer Bryan J. Hutchinson at (718) 671-0900 for a confidential consultation.
If you are the administrator of an estate, it is important that you hire an attorney to properly obtain a release of liens because you may be held personally liable for unpaid estate tax up to the value of the assets that were distributed before the NYS estate tax was paid in full.
Bronx, New York probate lawyer Bryan J Hutchinson is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding.
If you need help filing for letters of administration or protecting your rights of inheritance, call Bronx probate and administration Bryan J. Hutchinson, PLLC now at (718) 671-0900.
MINOR CHILDREN
Bronx, New York probate lawyer Bryan J Hutchinson is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding. If you need help filing for letters of administration or protecting your rights of inheritance, call the Law Office of Bryan J. Hutchinson, PLLC now at (718) 671-0900.