No, not usually for probate. Unless a dispute requires a hearing, neither the executor nor the estate attorney will actually need to go to the court in New York. There is no “reading of the will” like you see in old movies. Everything can be done by mail, phone, and fax.

Usually not. Most probated estates are uncontested and undisputed, in which case neither the attorney nor the executor actually goes to court. All the paperwork is handled by mail. Therefore most estates can be handled by any New York-licensed attorney, regardless of where he or she may actually have his or her office.

If the decedent was a resident of New York, the probate laws of New York determine who will get the decedent’s personal property (wherever it was located) and the decedent’s real property located within New York. However, property owned by the decedent in another state is subject to that state’s laws in determining how the real property will be distributed. There will be probate in each state where there is real property, in addition to the home state.

If there is a will, the person named as executor will usually be appointed as the personal representative. This person is responsible for managing the estate and following probate rules and procedures.
If there is no will, or if the will doesn’t name an executor, or the person named as executor in the Will is unable to be executor or does not want to be executor, the probate court appoints someone called an administrator to handle the process. The court usually chooses the closest living relative, or a person who will …

Although there is no deadline to file or probate a will in New York, it should be done as soon as possible. If the will is not filed within a reasonable time period, you will have to prove that no party or creditor has been disadvantaged as a result.

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.