Administration of Intestate Estates
(People dying without a Will)
The passing of a loved one is always a challenging time, and the situation can become even more complicated when the deceased person did not leave a valid will. In such cases, the legal process of intestacy comes into play. Intestacy literally means dying without a Will. We can help with the process of appointing an administrator in intestate situations, and with the complexities involved in handling an intestate estate.
Intestacy in New York: An Overview
In intestacy, New York’s state intestacy laws dictate how the deceased person’s assets will be distributed among her heirs. It’s important to note that intestacy laws prioritize close family members as beneficiaries, such as spouses, children, parents, and siblings.
Appointing an Administrator
When there is no will, the court appoints an administrator to oversee the estate’s administration. The process of appointing an administrator involves several steps where it vital to engage an experienced attorney who will advise on the most advantageous and expeditious path to understake:
- Petition for Letters of Administration: An interested party, typically a close family member or potential heir, must file a petition with the Surrogate’s Court in the county where the deceased person lived. This petition requests the court to appoint an administrator for the estate.
- Notice to Heirs and Beneficiaries: The court will require the petitioner to provide notice to all potential heirs and beneficiaries, informing them of the proceedings.
- Court Appointment: After considering the petition and any objections from interested parties, the court will appoint an administrator to manage the estate.
The Role of an Attorney
- Navigating the process of intestacy and appointing an administrator can be complex and emotionally challenging. This is where an experienced attorney plays a crucial role.
- Legal Expertise: An attorney with expertise in probate and estate law can provide invaluable guidance in understanding New York’s intestacy laws and the intricacies of the court process.
- Petition Preparation: Attorneys can help prepare the petition for letters of administration, ensuring that it complies with all legal requirements and includes all necessary information.
- Negotiating Disputes: In cases where multiple potential administrators or heirs have conflicting interests, an attorney can mediate disputes and seek amicable resolutions.
- Efficiency: Attorneys are well-versed in the legal procedures and can help streamline the process, reducing delays and ensuring compliance with court requirements.
- Protection of Rights: Attorneys work to protect the rights of their clients and ensure that the appointed administrator acts in the best interests of the estate and its beneficiaries.
Call us with questions.
Legal Solutions for Lasting Security.
(People dying without a Will)
