When a loved one dies without a Will, the family is often concerned about the next steps to take and whether or not they will need to file an estate proceeding in Surrogate’s Court.
When someone passes away without a Will, the necessity of whether or not to file an estate proceeding will depend on what assets the individual owned at the time of his/her death. Court is only necessary when the deceased individual owned assets in his/her name only (i.e. not a joint account or jointly owned real property) and did not list a beneficiary.
When someone dies without a Will, New York State law dictates who their heirs are, and which family members are next in line to receive distributions through their estate. This depends on their family structure and whether they were married and had children. If a deceased individual was not married and did not have children, finding the heirs can become more complicated, especially when their parents have pre-deceased the individual and they do not have any living siblings.
The first step for family members is to ascertain what assets remain in the deceased individual’s name. If the deceased individual lists beneficiaries on their accounts, then there is no need to include those assets in an administration filing as they will pass automatically to the named beneficiaries, otherwise known as passing by “operation of law”. Additionally, if the deceased individual owned real property, it is imperative to review the deed with an attorney to see how the property is owned and determine the next steps to be taken.
When necessary, an Administration Proceeding is filed in the Surrogate’s Court of the county where the person resided. The next-of-kin of the deceased individual will need to be notified of the proceeding and may have an opportunity to contest the appointment of the proposed Administrator of the estate. The proposed Administrator of the estate is required to list the value of the assets and if the assets are in the form of personal property and/or real property.
With proper estate planning, one can avoid the confusion and stress of leaving family members to navigate an Administration proceeding. One way this can be accomplished is to ensure that beneficiaries are listed on bank accounts, life insurance policies, and retirement accounts. Additional estate planning techniques, such as trusts, may be utilized to avoid estate proceedings but should be reviewed with an experienced estate planning attorney.
This is not intended to be legal advice. Speak with an attorney regarding your specific situation.
Christine F. Harrington, Esq. is an associate attorney concentrating in estate administration, estate planning, and elder law. She can be reached at 845-764-9656 or by email.