When a family member passes away you cannot just distribute their assets yourself.  If there was a will it must first be presented to the Surrogates Court and probated.  If your family member died intestate or without a will, an application must be made to have an administrator appointed for the estate.  Unless the estate is quite small, the Surrogates Court will require that notice of the Probate Petition or the Petition for Letters of Administration be served upon anyone who is a beneficiary under the will or anyone who might be entitled to benefit from the estate under the statutory plan for intestate distribution.  Once the executor or administrator of the estate has been appointed they will commence to gather or marshal the assets of the estate.  They will have to pay the estate’s taxes, bills and bequests.  They will need to prepare an accounting as to the collection and distribution of the assets.  There are deadlines for many of these tasks. 

The probate proceeding will determine the validity of any will that is offered to the court for probate.  If there is a challenge to the will, evidence will be gathered from witnesses and the mattered litigated. 

If you are named as the Executor under a will or you wish to file for Letters of Administration in an estate without a will, we can help you with the proceedings in the Surrogates Court and with marshaling and distributing the assets of the estate.  If there is a will contest we can represent your side of the contest. 

Contact the Law Office of Robert L. Boydstun today for more information about Probate and Estate Administration or to schedule an appointment with an experienced lawyer.

Our Office Location:
Law Office of Robert L. Boydstun
15 Chester Avenue
White Plains, New York  10601
Telephone: (914) 946-8084
Fax: (914) 946-8085