A Loved One Has Died — What Happens Next in New York?

Losing a family member is difficult enough without immediately having to understand probate, wills, bank accounts, property and the Surrogate's Court. Yet after someone dies, families are often quickly confronted with an important question: What happens next?

The answer depends on what the person owned, how those assets were titled and whether there is a valid will.

First: Find the Will and Important Documents

If the person left a Last Will and Testament, the original document should be located and preserved. The will may identify the person nominated to serve as executor and explain how the deceased person's probate property should be distributed.

It is also helpful to begin identifying important documents concerning real estate, bank and investment accounts, insurance policies, retirement benefits, debts, trusts and other property.

Importantly, not everything a person owns necessarily becomes part of the probate estate. Property held jointly, assets with designated beneficiaries and property held in a trust may pass differently.

Is Probate Necessary?

If there is a will and probate assets, the nominated executor may need to petition the appropriate New York Surrogate's Court to have the will admitted to probate. The court can then issue authority allowing the executor to administer the estate.

If there is no will, New York law determines who may inherit, and an interested person may need to commence an administration proceeding to have an administrator appointed.

Having a will does not necessarily mean there will be no court proceeding. Likewise, the absence of a will does not mean that the deceased person's property simply becomes government property.

What If Family Members Disagree?

Questions sometimes arise about the validity of a will, a person's mental capacity when it was signed, possible undue influence, missing property or the conduct of an executor, administrator or trustee.

Beneficiaries, distributees and other interested persons may have rights in the Surrogate's Court and should obtain legal advice before signing releases, waivers or other documents they do not fully understand.

How Can the Firm Help?

RS Dalley, PLLC Law Firm represents nominated executors, executors, administrators, beneficiaries, distributees, trustees and other interested persons in probate, administration and contested estate and trust matters throughout New York City, including the Bronx, Manhattan, Brooklyn and Queens, as well as Westchester and Long Island.

Whether you have found a will and do not know what to do with it, need authority to handle a loved one's estate or are concerned about how an estate or trust is being handled, you do not have to navigate the process alone.

A loved one has passed away. What's next? Schedule a consultation with Rannylin Stephanie Dalley to discuss the estate, the assets involved and what steps may be required under New York law.

This article is provided for general informational purposes only and does not constitute legal advice.