When someone dies and leaves assets and debts behind, in most instances the debts cannot be satisfied out of the estate and the assets distributed without an order from the Surrogate’s Court.  Often creditors and relatives try to make claims against the estate which will reduce the amount left for distribution.  In order to protect and distribute the assets of the decedent a legal proceeding will need to be commenced with the Surrogate’s Court to get the necessary orders to distribute the assets and challenge the claims of creditors.

If a party has a potential claim against the estate or believes that they may be entitled to a share of the estate, the time to make such a claim is very limited, requiring fast legal action.   No matter what your interest is in the estate you need experienced and aggressive legal representation to properly protect your rights.

To distribute the assets of an estate a Probate or Administration proceeding needs to be commenced.  If the decedent died with a will in full force and effect, a Probate Proceeding is required to distribute the assets and debts and otherwise settle the estate.  If the decedent died without a will, or “Intestate”, there is a statutory formula to determine who will inherit from the estate and an Administration proceeding is required to distribute the assets and debts and otherwise settle the estate.

“A Probate or Administration proceeding will need to be commenced to distribute the assets to the heirs of the estate.”

If the decedent died with a will, a probate proceeding will need to be commenced.  In a probate proceeding the Surrogate determines that the decedent has actually died and if there was a valid will at the time of death.  Interested parties can file objections to probate and challenge the will.  If the Surrogate makes a finding that the will is in full force and effect, the Surrogate will require that the terms of the will be enforced.  The Will usually has a provision naming an executor or executrix to act as the representative of the estate which provision will be ordered by the Surrogate.  The Surrogate will ultimately issue letters testamentary which gives the executor or executrix the power to liquidate all of the assets, satisfy the debts of the estate and distribute the remaining assets to the beneficiaries of the estate.  Upon the settlement of the estate an accounting may be required to show how the estate was settled.

If the decedent died without a will an Administration proceeding needs to be commenced.  In an administration proceeding the Surrogate determines that the decedent has actually died and that there was no valid will in effect at the time of the decedent’s death.  Any interested party can file objections to administration.  The Surrogate will appoint an administrator or administratrix to act as the representative of the estate.  The Surrogate will ultimately issue letters of administration which gives the administrator or administratrix the power to liquidate all of the assets, satisfy the debts of the estate and distribute the remaining assets to the heirs of the estate.  The heirs of the estate are determined by statute; the statute looks first towards a spouse, then children, then parents and progressively lists more distant relatives to be distributes of the estate.  Upon distribution an accounting may be required.

“It is always wise to use a law firm like the Law Offices of Paul A. Boronow, P.C. that has an estate litigation practice for Probate and Administration proceedings as they regularly prosecute and defend objections to probate, objections to administration and other will contests and estate litigation.”

Pursuant to the New York Estates Powers and Trusts Law, if a person dies intestate, their estate will be distributed according to the following provisions.  If a decedent is survived by:

• A spouse and issue, fifty thousand dollars and one-half the residue to the spouse, and the balance thereof to the issue by representation.

• A spouse and no issue, the whole to the spouse.

• Issue and no spouse, the whole to the issue, by representation.

• One or both parents, and no spouse and no issue, the whole to the surviving parent or parents.

• Issue of parents, and no spouse, issue or parent, the whole to the issue of the parents, by representation.

• One or more grandparents or the issue of grandparents (as hereinafter defined), and no spouse, issue, parent or issue of parents, one-half to the surviving paternal grandparent or grandparents, or if neither of them survives the decedent, to their issue, by representation, and the other one-half to the surviving maternal grandparent or grandparents, of if neither of them survives the decedent, to their issue, by representation; provided that if the decedent was not survived by a grandparent or grandparents on one side or by the issue of such grandparents, the whole to the surviving grandparent or grandparents on the other side, or if neither of them survives the decedent, to their issue, by representation, in the same manner as the one-half.  For the purposes of this subparagraph, issue of grandparents shall not include issue more remote than grandchildren of such grandparents.

• Great-grandchildren of grandparents, and no spouse, issue, parent, issue of parents, grandparent, children of grandparents or grandchildren of grandparents, one-half to the great-grandchildren of the paternal grandparents, per capita, and the other one-half to the great-grandchildren of maternal grandparents, per capita; provided that if the decedent was not survived by great-grandchildren of grandparents on one side, the whole to the great-grandchildren of grandparents on the other side, in the same manner as the one half.

If a loved one died and you need to distribute the assets, or if you think you may have a claim against the estate, you should consult with experienced estate litigation attorneys without delay so you can determine and protect your legal rights.

The lawyers at the Law Offices of Paul A. Boronow, P.C. have been litigating contested and uncontested estates across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results.  We are aggressive and dedicated and remain a mere phone call away.

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