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As executor and sole heir of an estate, in New York State,

As executor and sole...

As executor and sole heir of an estate, in New York State, what is the process after the person has died?

Lawyer's Assistant: What are the assets in question? Have any documents been drafted?

Car (mortgaged probably to its value)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Home (Mortgaged with additional Home loan to probably 2/3 of it's value).

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Answered in 1 minute by:
7/27/2017
Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 34,389
Experience: Estate Law Expert
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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To pass title to real estate or other property, you would retain an attorney and have them file an application for probate. The attorney will also send out notices of the pending action to any potential heirs as well as to creditors. Following that the unsecured creditors have a certain amount of time to file a claim. While you are waiting on that you would be required to prepare what is know as an inventory of the estate. This includes both assets of the estate, as well as all known debts of the estate. This inventory is filed with the court. At some point you, as the executor and through your attorney will begin selling assets and paying creditors. At the end of the process you will file a final accounting which should show that all debts have been paid and will also distribute the remaining assets to the heirs (in this case yourself if you are the sole heir). The court will then sign off on a final order and release you from any further duties.

That is the general process that is used although, of course, things can happen to create problems but it is often hard to predict what those will be.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 10 months ago
Just some furniture and personal items, clothes etc.

Your original statement indicates there is a car, real estate, the debts on those, etc.

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Customer reply replied 10 months ago
that's correct.
Customer reply replied 10 months ago
thank you.

Then my original answer till applies. You will need to file an application for probate.

Dwayne B.
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Experience: Estate Law Expert
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Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

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If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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