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Top attorney Robert Adler
New York wills lawyer

Robert J. Adler,

Attorney at Law

What Happens When a New York Resident Dies?

 

When a New York resident dies their Last Will and Testament must be admitted to probate. The person named in the Will as the Executor has the legal authority to act on behalf of the estate after the Will is admitted to probate.

 

Probate is the legal procedure that takes place in the Surrogate's Court. The Court determines that the deceased person's Last Will and Testament is authentic, properly signed and assures its administration is consistent with its instructions.

The Family Exemption

 

Probate is not required for all estates. Under New York Law, the surviving spouse and dependent children are entitled to receive certain funds before any estate proceeding is required. For example, under the "family exemption" a spouse is entitled to receive cash of $25,000. Under Also, a spouse is entitled to transfer one motor vehicle with a value of $25,000 or less without resort to probate. The death certificate and title documents will be required by the Department of Motor Vehicles in order to complete the transfer.

 

Small Estate Administration

 

If the deceased person's assets are less than $30,000 (after the Family Exemption amounts) and the will maker owned no real estate, the estate may be administered using a small estate proceeding. The small estate proceeding is a simplified process which does not require the filing of a petition for probate.

 

Insufficient Assets to Pay Debts

 

If the deceased person's debts exceed the value of his or her assets it may not be desirable to proceed with probate. However, there are reasons and circumstances under which it might be advisable to proceed with probate, even if the total debt exceeds the total value of the assets. In this case it is best to get the advice of an experienced New York estate lawyer before proceeding one way or the other.

What if a person dies without a Last Will and Testament?


If a person dies a resident of the State of New York without a Will, then the "intestate" laws of New York control the process. The person responsible for handling the estate of someone who dies without a Will in New York is called the "Administrator." The intestate laws of the State of New York identify who may act as Administrator and who is entitled to receive the assets of the estate.

If  you’ve recently lost a loved one, or are helping someone who has, we know this is a challenging time. We are here to help you with estate administration, New York probate and the inheritance process.

Call for a  consultation:  212-843-4059

Robert J. Adler,

Attorney at Law

ADLER & ADLER,PLLC

Wills, Trusts, Estates & Private Client Services

30 years of

EXPERIENCE

Office: 212-843-4059

Estate Attorney, Wills and Trusts

Direct: 646-946-8327

1180 6th Avenue

8th Floor

New York, New York 10036

We also see clients in Westchester (White Plains)  

and Long Island (Garden City). 

Serving New York including (but not limited to): New York City including Manhattan (New York County); Brooklyn (Kings County); Bronx; Queens; Staten Island (Richmond County); Long Island (Nassau County and Suffolk County); Westchester County, Rockland County; Putnam County; Dutchess County; and Northern  New Jersey.

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