Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

When a relative dies intestate in NY and the assets are valued…

Customer Question
when a relative dies intestate...
when a relative dies intestate in NY and the assets are valued over $30,000 and there is real estate involved who handles the distribution of the estate, the administrator or the court
Submitted: 3 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 27 minutes by:
6/21/2015
Estate Lawyer: Christopher B, Esq, Attorney replied 3 years ago
Christopher B, Esq
Category: Estate Law
Satisfied Customers: 4,150
Experience: Litigation Attorney with education focus on estate planning and tax
Verified
My name is***** and I will be helping you with your question today. This answer is for informational purposes only and does not create an attorney-client relationship.
In the state of New York, the process by which a fiduciary is appointed for the estate is called Intestate Administration. An Administrator needs to be appointed for the estate if the decedent died with assets valued at $30,000 or more.
Since there is no Will appointing an Executor, the law sets forth who may be appointed Administrator. Usually, the Administrator will be, in order of preference, the spouse, the children, the grandchildren, the father or mother, the brother or sisters and so on. The exact order is specifically provided by New York Statute. New York Surrogates Court Procedure Act 1001. See following link: http://www.nycprobate.com/1001.html
The Administration proceeding is begun by filing an Administration petition with the Surrogate’s Court in the county in which the decedent resided. After jurisdiction has been completed and all issues have been addressed, the Court will issue Letters of Administration. This document gives the appointed Administrator the authority to act on behalf of the estate.
The role of the Administrator is the same as that of the Executor. He or she will be expected to liquidate and/or collect the assets of the estate, file and pay income and estate taxes, address creditors’ claims and make distributions according to the law of intestacy. Since the decedent died without a Will, the law governs how the estate is distributed.
See New York and Estates powers and Trust law 4-1.1 at link: http://www.nycprobate.com/411.html
So to answer your question, the distribution of the estate is handled by the administrator under the supervision of the court. Remember if the real estate or any other asset in the estate is held jointly or under certain interests that allow it be passed outside of probate (for example real estate held in joint tenancy with rights of survivorship and a bank account held jointly, etc.), then those assets will not have to go through probate.
Please let me know if I have answered your questions fully and please rate my answers positively if you are satisfied with my work.
Ask Your Own Estate Law Question
Estate Lawyer: Christopher B, Esq, Attorney replied 3 years ago
Just like the previous question, I see that you have viewed my answer. Do you have any further questions? Let me know if there is anything else I can do to satisfy you.
Ask Your Own Estate Law Question
Estate Lawyer: Christopher B, Esq, Attorney replied 3 years ago
Any chance for a positive rating?
Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Christopher B, Esq Your Own Question
Christopher B, Esq
Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 4,150
4,150 Satisfied Customers
Experience: Litigation Attorney with education focus on estate planning and tax

Christopher B, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
I was administering a small estate in Bronx. NY, but it
I was administering a small estate in Bronx. NY, but it turned out to be too large, so now, through counsel, I'm petitioning the court to be appointed administrator. I'm the sole heir, funeral expense… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
Is there any paper that can be filled/and/or Notarize to
Is there any paper that can be filled/and/or Notarize to turn all Utilities back on? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
I need some help on a Texas probate intestate matter. Death
I need some help on a Texas probate intestate matter … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
A friend of mine died on Friday in NYC. He had no will. He
A friend of mine died on Friday in NYC . He had no will . … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
My brother and s wife feel they can control moms estate mom
My brother and his wife feel they can control moms estate mom and i were unseperable until 2 years ago due to my decision to have my daughter for using drugs what do i do there is no will i am oldest … read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
4,150 satisfied customers
MY MOTHER DIED WITH NO WILL OR NO TRUST CAN I BYPASS PROBATE
MY MOTHER DIED WITH NO WILL OR NO TRUST CAN I BYPASS PROBATE BY SELLING HER HOME AS AN ESTATE SELL… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
4,150 satisfied customers
My huaband died 3 weeks ago and did not leave a will. All bank
My huaband died 3 weeks ago and did not leave a will. All bank accounts are frozen, I do not know where to start. I have a lawyer for probate court, can he handle all the extra problems?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Hi my mother passed away and my sister got a lawyer for a settlement
Hi my mother passed away and my sister got a lawyer for a settlement that my mom won but my sister or her lawyer wont share any info with me and my other 7 siblings what can we do… read more
LegalGems
LegalGems
Juris Doctorate
12,817 satisfied customers
Does the real estate agent, who will provide the lifting agreement,
Does the real estate agent, who will provide the lifting agreement, have the authority to sign? Does the attorney doing the closing? Can it be someone (our niece) be appointed? How?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
my husband of 32 years passed away with no will, he had a CD
my husband of 32 years passed away with no will, he had a CD and some investments with no beneficiary listed. I have been gathering all information required to put in his estate. He has one daughter a… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My brother had pass away for more than two years , he had a
My brother had pass away for more than two years , he had a surviving wife but has no children and no will , my deceased brother has small estate (less than $10,000 or probably none) . By Law .my sist… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My mother had a will and testament done before she remarried.
My mother had a will and testament done before she remarried. I saw the will and she told me I was executor of her estate, and please make sure I did not kick her significant other out of house if she… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Dad died in Florida. He remarried later in life. He died without
Dad died in Florida. He remarried later in life. He died without a will - at least none was found yet. Stepmom has repeated told us she gets everything which is not true. We really don't know stepmom.… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My husband died with a simple will and as his widow I need
My husband died with a simple will and as his widow I need to file it with Surrogate Court in Westchester County, NY. Question is how much money can Estate of deceased have to open bank account withou… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My father died in the state of Missouri, without a will, 3
My father died in the state of Missouri, without a will, 3 weeks ago. He got remarried 2 years ago to a woman that will not allow us to have anything! Not even pictures of our grandparents or personal… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My mothers husband is not expected to live. His son has the
My mothers husband is not expected to live. His son has the power of attorney. When he dies who will get the things he owns? If their is a will, does the wife get his things or does the will determine… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
do i need to aopen an estate account if there is only ...
do i need to aopen an estate account if there is only one check for less then 500.00? my mom passed away and the apartment complex will only make the check to the estae of. she didn''t own anything an… read more
Jane Doe Deer's Jobs
Jane Doe Deer's Jobs
Attorney
Post-Doctoral Degree
14 satisfied customers
My great uncle died intestate. My uncle says all property
My great uncle died intestate. My uncle says all property transfered to him (according to my great uncle's wishes). There is no written instrument to this affect. My father did not inhereit a portion … read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x