Help with the legal steps after someone dies

Determine which process applies

Probate asks the Surrogate's Court to recognize a will as valid. When there is no will, an administration proceeding may be needed to appoint a representative. A qualifying small estate may use a simplified procedure. The right approach depends on the assets, their ownership and the documents left behind.

Understand who has authority

Being named executor in a will does not by itself complete the court appointment. The court issues documents showing the representative's authority. An executor or administrator has duties to the estate, including gathering property, addressing valid debts and taxes, keeping records and making appropriate distributions.

Gather the records that explain the estate

Keep original documents safe and make a list of what you know. Tell the attorney about missing records, uncertain family relationships or notices with deadlines. Those details can affect the steps required.

• The original will, if available, and the death certificate.
• Names and contact information for family members.
• Account statements, property records, bills and court papers.

Discuss the next step before distributing property

Questions about bills, a home or access to an account often need attention before anyone receives an inheritance. Law Office of Andreina I. Rosa, Esq. serves clients in Westchester, New York City and Nassau County from Mount Vernon. Call 646-899-4969 to discuss the estate and any immediate concerns.