When a loved one passes away, their friends and family are often left with overwhelming feelings of grief and emotion. During this time, the last thing on anyone’s mind or that anyone should need to focus on is the legal and financial process associated with their loved one’s death. However, many families end up in a position where they are forced to deal with these complex legal issues in the midst of their grieving.
At Fratello Law, we help our clients through some of the most difficult and challenging times of their lives. We know that grief can be all-consuming, and we are proud to be a reliable part of our client’s life. When you work with Fratello Law, you are working with family. We aim to help make the legal process as easy as possible so you can focus on what matters most.
What Are the Different New York Estate Processes?
In New York, there are two types of estate proceedings that can be commenced to obtain authority to act as fiduciary of an estate: a probate proceeding and an administration proceeding.
When a person dies without a will, that person is stated to have died “intestate.” When there is no will, the individual dies without naming a person to handle their affairs and manage their estate. When a person dies with a will, that person has died “testate.” Their will must then be filed with the Surrogate’s court for review and approval.
What Is the New York Estate Process Without a Will?
As mentioned above, if a person dies without a will an administration proceeding may need to be commenced. The law dictates who has priority to become the fiduciary of the estate and who is entitled to inherit the decedent’s assets.
What Is the New York Estate Process With a Will?
When a person dies with a last will and testament, a probate proceeding may need to be commenced by the nominated executor. Once the court decides the will is valid, it issues “Letters Testamentary” to the nominated executor, which appoints him or her as the executor and authorizes him or her to collect the decedent’s assets, pay the decedent’s taxes and bills, and distribute the decedent’s assets to the beneficiaries in the decedent’s will.
Fratello Law Can Help You Through the Estate Process
The estate process is very emotional for family members. Fratello Law is a small firm with a big heart that treats our clients like family. We work directly with our clients and help them through this time in their lives. At Fratello Law, we are committed to our clients and are looking forward to welcoming you to our client family. Contact our firm today by completing our contact form or calling (631) 406-5580.