You should use an experienced probate attorney with whom you feel comfortable working and trust to do a good job on the estate. You do not need to use the lawyer who drafted the decedent’s will or prepared the decedent’s estate plan.

Sometimes in probate and administration proceedings there are parties who have an interest in the proceedings but for some reason they cannot legally participate.  A party is considered “interested” if the proceeding affects them in some way.  In order to proceed with ANY matter in Surrogate’s Court, you have to have “jurisdiction” over interested parties.  This means that you have to show the Court that the party was legally notified of the proceeding, and they either agree, object or take no position.  In other words, the Court has to know …

If you and your spouse shared the same bank account and credit cards, checks, etc., then you may have to pay the bill. If the credit cards or accounts were opened with only your spouse’s information, then you may not be liable. Creditors usually collect their debts from the estate before the remainder is divided among the heirs. Each case depends on the circumstances. Talk to an experienced probate lawyer.

New York does not require the personal representative to search for or send notice to creditors. The law assumes that creditors exercising ordinary diligence will send regular bills to the decedent and the personal representative will learn of claims through receipt of the decedent’s bills. A creditor who learns of the death of a debtor should send to the personal representative written notice of a claim, stating the amount sought and recite the facts upon which the claim is based. In New York there is no statute of limitations that …

Under New York law, to insure that potentially adverse interests receive notice of probate proceedings, all people who are “interested” in the estate must be notified of the probate proceeding. Interested persons include heirs, executor, and beneficiaries.

No. If you choose not to serve, the court will probably appoint the alternate executor named in the will to be the personal representative.
If there is no alternate executor, or if that person doesn’t want to serve, the court will appoint someone to serve. The Court usually appoints a capable family member or an independent professional fiduciary.

Any person over the age of 18 can be named an executor of a will, provided that the person has not been convicted of a felony. More often than not, a family member or close friend is chosen to serve.

Generally, the executor cannot distribute any assets until the court issues a decree appointing the executor and issues letters testamentary. Letters testamentary are certificates that state that the executor has the power to liquidate the testator’s assets. In New York State, an executor is personally liable for any claims made by a creditor of the estate if the claim is made within seven months of the executor being appointed and the executor distributed the assets of the estate to the beneficiaries. Therefore, the best course of action is for an …

Yes. You will be treated the same as any Executor, whether you are a resident of New York or not. It does not matter.

If you suspect the executor is not fulfilling his or her fiduciary duties, you can file a Petition to Compel an Accounting by the Executor. This will require the executor to produce a full accounting of his or her activities, including all transactions involving estate assets.