The Law Offices of Mary A. Miller, P.C. are committed to providing education to the residents of Yonkers regarding estate and probate matters. For that reason, we provide a comprehensive electronic library of special reports covering numerous estate planning and probate issues. We also update our legal blog regularly in order to provide updates on the ever-changing laws relating to estate planning, probate and other legal areas we handle. Finally, our seminars are always a valuable source of information. Ultimately, it is our desire that residents of Yonkers and other New York residents stay informed.
Estate administration and probate are legal proceedings. So an executor of a will who is not an attorney or accountant needs to educate themselves regarding the elements of the probate process. Although the court will provide information to help guide you through the process, it is also wise to speak to a probate or estate lawyer in order to obtain specific advice regarding your specific situation. An experienced attorney can also make sure the executor of a will complies with all rules and deadlines imposed by the court.
Probate Court and processes
When the person who died (referred to as the Decedent) had a Will that Will needs to be filed in the Westchester County Surrogate Court and admitted for probate. If the Decedent died without a Will, then administration proceedings must be initiated. In cases where decedents owned less than $30,000 in personal property, regardless of whether there was a will, then small estate proceedings can be initiated. This is also referred to as a voluntary administration proceeding.
Other probate resources
FORMS – Surrogates Court Forms
Administration c.t.a. (after Probate) Proceeding Checklist
Surrogate-P-17 Notice Of Petition For Appointment Of Successor Executor
Surrogate-P-14 Petition For Successor Letters Testamentary
Surrogate-P-15 Renunciation Of Successor Letters Testamentary And Waiver Of Process (Individual)
Surrogate-P-16 Renunciation Of Successor Letters Testamentary And Waiver Of Process (Corporation)
How to Get a Copy of the Death Certificate
If the person died in New York City: Office of Vital Records.
If the person died outside of New York City but in New York State: New York State Department of Health.
If the person was a U.S. Citizen and died outside of the United States: U.S. Department of State
What a Yonkers executor should know about probate
Being the executor of a will is a very important role for any individual. Being named as an executor makes you responsible for settling a loved one’s estate while being impartial in all aspects of the court proceedings. In order to avoid some of the most common mistakes, here is what an executor needs to know.
The basic steps an executor of a will needs to take during probate
An executor of a will has many important duties, such as gathering and holding the assets of the estate, satisfying legitimate debts and ultimately distributing the remaining assets to the appropriate heirs and beneficiaries. Finally, the executor will be expected to provide the court with a final accounting at the close of the estate.
It is important to start the probate process promptly
There are a variety of reasons why you should commence the probate process as soon as possible. One reason to start immediately is that individuals who have an interest in the estate are typically very impatient. If you wait too long, heirs and beneficiaries might start harassing you. Similarly, the longer the probate process takes, the more insistent creditors are likely to become. On the other hand, if you wait too long to start the process you will be under more pressure to get everything accomplished.
Meeting court deadlines is crucial for the executor of a will
There are several different documents that an executor will be required to gather and submit to the court as part of the probate process. Along with those documents, there are also critical deadlines imposed by the court that must be timely met. Simply put, you cannot miss the court deadlines. You must first determine which deadlines apply and then put them on your calendar. If for any reason, you cannot meet a deadline, you must let the court know. If you have questions about deadlines, consult with a Yonkers probate attorney.
If you have questions regarding probate or any other estate planning matters, please contact the experienced attorneys at the Law Offices of Mary A. Miller, P.C. for a consultation. You can contact us either online or by calling us at (914) 939-6565. We are here to help!