How can a lower-priority heir obtain appointment as administrator when a higher-priority heir exists in New York?
How to Obtain Appointment as Administrator with a Higher-Priority Heir in New York Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in your jurisdiction. Detailed Answer When someone dies without a valid will in New York, the Surrogate’s Court follows a strict priority list […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in NY?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer 1. Determine the Type of Administration When a person dies, the estate can proceed under: Testate Administration (with a valid will): You apply for Letters Testamentary under EPTL § […]
Read article →How Can a Guardian or Guardian ad Litem Be Appointed to Manage a Minor’s Interest in an Estate in New York?
Detailed Answer: Appointing a Guardian or Guardian ad Litem for a Minor’s Estate Interest in New York When a minor under age 18 inherits assets or holds an interest in a decedent’s estate, New York law requires court supervision to protect the minor’s rights. There are two common avenues: 1. Guardian of the Minor’s Estate […]
Read article →What Steps Protect a Minor’s Inheritance in New York When the Decedent Dies Intestate?
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice about your specific situation. Detailed Answer Intestate Succession in New York When someone dies without a will in New York, state law determines who inherits. Under EPTL § 4-1.1, a decedent’s assets pass first […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in NY?
Detailed Answer When someone dies without a will or an executor fails to qualify, the Surrogate’s Court appoints an administrator to settle the estate. Under New York law, the court and statutory rules work together to ensure the administrator meets duty and bond requirements. Statutory Duties and Bond Requirements Fiduciary Duties: EPTL § 11-1.1 outlines […]
Read article →Can a personal representative seek a commission on estate assets and sale proceeds? (NY)
Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer Under New York law, a personal representative (executor or administrator) may recover statutory commissions for administering an estate. The key statute is New York Estates, Powers & Trusts Law (EPTL) § 2309. Statutory Commissions On Gross Estate at Death: Commissions […]
Read article →What Steps Are Required to Locate, Inventory, and Distribute Estate Assets and Settle Debts in NY?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified New York attorney for guidance tailored to your situation. Detailed Answer Under New York law, executors (under a will) and administrators (intestate) follow a clear, step-by-step process to locate, inventory, and distribute estate assets and to settle debts. […]
Read article →Which court or county office handles estate administration and unclaimed property claims in New York?
Detailed Answer Under New York law, estate administration and unclaimed property claims fall under two distinct jurisdictions. 1. Estate Administration – Surrogate’s Court When someone dies owning assets in New York, the Surrogate’s Court in the decedent’s county of residence (or where they held property) handles probate and administration. This court issues letters testamentary or […]
Read article →What steps are required to open an estate proceeding when no probate case exists in NY?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific circumstances. Detailed Answer When a person dies without an existing probate case in New York, an interested party must initiate an administration proceeding in the Surrogate’s Court of the county where the decedent was […]
Read article →What documentation is required to apply for letters of administration in New York?
Detailed Answer When someone dies without a will in New York, you must apply to the Surrogate’s Court for letters of administration. These letters grant you legal authority to collect assets, pay debts, and distribute property. To begin the process, gather the following documentation: Verified Petition (SCPA § 100): Complete the Surrogate’s Court Petition for […]
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