How Do Proceedings Begin?
All court proceedings involving wills and estates are begun by filing a petition in the County Surrogate's Court. If the deceased left a valid will, named a personal representative to execute their wishes, and has a large and/or complicated estate, the probate process begins. This involves several steps:
- The named executor files a probate petition along with the appropriate paperwork
- The executor gives notice to creditors and beneficiaries
- The executor then conducts an inventory of assets and gets their value appraised
- Any bills, debts, and taxes generated by the estate must be paid
- The executor is in charge of distributing the remaining assets to the named recipients
- The estate is closed once final records and receipts are submitted to the court
If an individual dies intestate, meaning they did not leave behind a will, an administration process is followed. In these cases, the court will name an administrator to identify and notify any eligible beneficiaries of the assets left behind after bills, taxes, and fees are paid. The closest living relatives of the deceased are generally named as the beneficiaries, following specific succession laws.
Dying intestate can create several problems: You risk losing control of who your assets are given to, since the court follows succession laws as opposed to your individual wishes. It's especially important to leave behind a will if you have children. If you fail to name a preferred guardian, the courts will assign guardianship to anyone they deem fit.