New York Surrogate's Court determines the distribution of assets of a deceased person.
The deceased is called the decedent. If the decedent died leaving a Will he or she is called a testator. 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 has personal property valued 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
How do you get a copy of the Decedent's New York death certificate?
What happens if the Decedent's Will cannot be found?
What can you do if the Decedent's Will is in a safe deposit box?
What can you do if someone is withholding production of the Will?
What documents are required to file for probate in New York?
What is the purpose of an attesting witness affidavit?
THE EXECUTOR
Who cannot serve as an Executor in New York?
What are the powers of an Executor of a New York Will?
OBJECTION TO THE PROBATE OF A WILL
Who may file an objection to the probate of a Will?
What grounds do you need to object to a Will?
How does the court determine if a Will is valid?
What does testamentary capacity mean in a probate proceeding?
What does undue influence over the testator (Decedent) mean?
How do you prove that a Will was fraudulently executed?
What is an SCPA § 1404 hearing?
Who has the burden of proving compliance with the due execution requirement of EPTL § 3-2.1?
ATTORNEY ISSUES
Can a New York attorney be named an Executor of a client's Will?
DISTRIBUTION OF ESTATE ASSETS
What is considered the Decedent's estate?
What can I do to force the Executor to distribute estate assets?
What can I do if my spouse disinherited me from his or her Will?
WRONGFUL DEATH ACTION
How much time does the Executor have to bring a wrongful death action in New York?
CITATION
What is a New York Surrogate's court citation?
FREQUENTLY ASKED NEW YORK ESTATE ADMINISTRATION QUESTIONS
What is an Administrative proceeding in New York Surrogate's Court?
Who may file a petition to serve as administrator of an estate in New York?
What is the order of priority for granting letters of administration in New York?
SERVICE OF PROCESS
Who must be served with process in a New York administration proceeding?
What happens if you cannot find a person entitled to process, or there where about is unknown?
DISTRIBUTION OF PROPERTY
How is the property of a person who dies without a Will distributed in New York?
What does “issue” mean under the New York State Estates, Powers and Trusts Law?
NON-MARITAL CHILDREN
Can a non-marital child inherit from his father in New York?
How does a non-marital child inherit from his father in New York?
How are assets distributed if the Decedent is survived by a spouse and issue?
Must the administrator of an estate be bonded in New York?