Three possible paths after a death

When there is a will

Probate is the court process for establishing whether a will is valid. The person named to handle the estate is usually called the executor. Being named in the will and receiving authority from the court are separate steps.

Bring the original will, any later changes to it, and a certified death certificate if available. Mention other versions you have found. Do not throw away an older document just because another one appears newer.

When there is no will

An administration proceeding may be used when someone dies without a will and court authority is needed to handle estate property. New York law sets priorities for who may seek appointment and rules for who inherits.

A family's informal agreement does not replace those rules. Prepare a full family list, including relatives who died earlier and their children. If a relationship or address is uncertain, identify the uncertainty instead of leaving that person off the list.

When a smaller procedure may fit

New York's small estate procedure is called voluntary administration. The statutory limit is $50,000 or less in qualifying personal property, measured before subtracting debts and subject to certain exclusions. It may be available with or without a will. Eligibility requires more than comparing a bank balance with the limit.

This procedure does not transfer real estate, but owning real estate does not by itself prevent its use for qualifying personal property. A house, joint ownership, or a possible lawsuit can change the analysis. Bring the actual records so the attorney can identify what counts and what other steps may be necessary.

Not every asset follows the same route

An account with a valid beneficiary designation or property owned with survivorship rights may pass outside the estate proceeding. The wording and circumstances matter. A will does not automatically control every asset a person owned.

• List each asset and its approximate value.
• Record all owners and any named beneficiaries.
• Identify debts, a home, business interests, and possible claims.
• Keep copies of bank or insurance requests for court papers.

Ask which process fits the facts

For example, two families may each find a $30,000 account, but one also finds a house owned solely by the deceased. Their next steps may differ. Law Office of Andreina I. Rosa, Esq. can review the documents and explain the possible process and remaining questions.

This overview is general information, not a determination that your family qualifies for a particular proceeding.