Intestacy Estate Proceedings (No Will)
Settling an Estate in New York Without a Will
The process for distributing the assets in an estate varies, depending on whether the person who died had a valid will or trust, or had failed to put any estate planning measures in place. If the property was placed in a trust, it will typically avoid probate administration, but may require trust administration. If the person had a valid will in place, you must take the steps necessary to settle the estate through the probate process. If there was no will, the estate will pass under New York’s intestacy laws also known as an administration.
Administration of an Estate without a Will
We handle all matters related to the administration of an estate. We will help you:
- Be legally appointed administrator (fiduciary or representative) of the estate
- Compile an inventory/accounting of the debts and assets of the estate
- Notify all interested parties, including heirs and creditors, of the administration of the estate
- Determine the fair market value of estate property, as necessary
- Settle and resolve all final debts of the estate in favor of the Estate
- Obtain all necessary releases and file all closing documents with the court and applicable institutions
- Ensure that inheritance or estate tax filings are completed
- Oversee the orderly distribution of the estate in accordance with the terms of the applicable law
We also handle all types of disputes arising during or as a result of the administration of an estate.
Intestacy – Died without a Will or Trust
If your loved one died without a valid will or trust in place, any property in the estate is distributed according to New York’s “intestacy” laws, which lay out exactly who is entitled to the property, and how much they are entitled to receive. We can represent you in an intestacy proceeding, so that you know assets are divided according to statutory requirements.
It is called an “administration” process.
- We will commence the legal proceedings to obtain your appointment or file the necessary papers to obtain your share of the Estate.
- We will walk you through the process and complete all the documents including the collection and search of all assets, distribution, payments of all debts and liabilities and closing documents with the Court, as needed.
- We also handle kinship hearings as well.