Trusts and Estates: Estate Proceedings
If a person executed a Last Will and Testament (a “will”) during their lifetime, then at their death this document needs to be “probated.”
Probate is the proper name for the Court process by which a properly executed Last Will and Testament is given full force and effect under New York State law, and an Executor is given the authority to dispose of all the decedent’s (deceased) property pursuant to their clearly expressed (and written) wishes.
A probate proceeding can be relatively uneventful to contentious, it all depends on the individual circumstances surrounding the estate and, at times, familial relationships.
However, complex or not, a probate proceeding is necessary to properly close an estate.
An Estate Administration is the option available when the decedent (deceased) left no Last Will and Testament behind, or no original and/or copies of a suspected or known Will can be located, and there are assets that need to be distributed to heirs. Another word commonly used is “intestate,” or without a will.
The administration process is very similar to that of probate and can also be complicated by the same factors that exist in a probate proceeding.
As an experienced litigator, Veronica can guide you through the steps required in an estate proceeding.