Petition For Administration Of Estate Without Will
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FAQ
Hear this out loud PauseYour heirs must go to Surrogate's Court If there's a will, then that person is typically named in the will as the executor. If there's no will, then one of the heirs typically gets appointed to a position referred to as the ?administrator.? This is the person in charge of handling your estate.
New York State laws have created a framework for passing on property when someone dies intestate. Instead of a probate proceeding, the closest living relative of the decedent (the person who died) will have to file for estate administration. This generally falls to the spouse, children, parents, or siblings.
Generally, the probate process in New York takes about 9-18 months to complete. This includes the time it takes to file the initial petition, gather assets, pay debts and taxes, and distribute the remaining property to the beneficiaries.
For a New York resident without a will, a surviving spouse inherits the entire probate estate if there are no children or other descendants. If there are descendants, the surviving spouse gets the first $50,000 and the balance is divided one-half to the spouse and one-half to the decedent's descendants.
This process begins by determining who is in the family. If there is a spouse and no children, the spouse receives 100 percent of the estate. If there is a spouse and children, the spouse receives $50,000 plus half of the balance of the estate. The children inherit everything else.
