There are two types of decedent’s estates: (1) Testate, where there is a Last Will & Testament, and (2) Intestate, where there is no Last Will & Testament.
When someone dies having a valid will, the will is probated in the Surrogate’s Court and an executor is appointed to collect estate assets and distribute them pursuant to the will. When there is no valid will, the estate is distributed pursuant to New York State Law by a court-appointed administrator.
It is the executor’s or administrator’s duty to locate any and all beneficiaries, manage the estate by collecting and valuing all assets of the decedent, take care of payment of decedent and estate debts, and prepare and file any required personal and/or estate tax forms. After all the estate debts and expenses have been paid, the executor/administrator must prepare a final accounts statement to the court before distributing any remaining amount to the beneficiaries. This can be a long and daunting task that requires many forms, laws, and regulations that can seem overwhelming. Our firm is experienced in assisting people with the probate or administration process from start to finish and will work with you to ensure it runs as smoothly as possible.
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Call our firm to speak with an estate lawyer regarding any questions you may have concerning the recent loss of a loved one and their estate.
The information above is very basic and is not meant to serve as legal advice. If you wish to discuss your case in more depth, please call us at 716-243-8694 regarding your personal situation.
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