The administration of an estate deals with the distribution of property after a person passes away. Once the court appoints a fiduciary, that fiduciary must care for, marshal, and distribute the estate pursuant to law.
When a testator leaves a Will, that Will must be probated in the local Surrogate’s Court. The notion of probate means to prove the Will presented is what it is purported to be. The process can be pain staking, time consuming, and lengthy. Once the Will is probated, the court will issue Letters Testamentary to the executor. The executor can then start the administration process.
An administration proceeding takes place when the person dies without a Will. The process is similar to probate because it is started in the local Surrogate’s Court. It requires that all next of kin are noticed and there may be hearings. Once the court decides who will be the administrator, the Judge will issue Letters of Administration. At this point, administrator can start the administration process.
For both we are available to walk our clients through the whole process of administering the estate including all legal notices and accountings or just obtaining the requisite letters of administration or letters testamentary.
We can assist you with both Probate and Administration processes. Our experience work in Elder Law has given us vast experience with both processes. Contact us at (631) 756-6006
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