Probate and Administration of Estates in New York: Key Facts

What happens after the loss of a loved one?

Beyond the emotional toll, settling an estate can introduce a series of intricate legal processes. Whether you’re dealing with probate or estate administration in New York, the decisions you make now can have a lasting impact on the legacies left behind. 

If you’re here, you’re probably dealing with the “administrator of estate” role and wondering what it means for you under New York state law. Let’s walk you through what you need to know.

What Does it Mean to Be an Administrator of Estate? 

What Happens When There’s No Will

Picture this scenario.

Your relative passed away without leaving behind a will. You’re now faced with a question—who ensures their property and financial matters are sorted out and distributed lawfully to heirs and beneficiaries? That’s where the “administrator of estate” steps in. 

Administrator of an Estate

An administrator is appointed by a court to settle the affairs of someone who died without a valid will. Without this legal figure, New York’s intestacy laws dictate how assets of the deceased will be distributed—and these rules may not reflect the deceased’s wishes. 

Responsibilities of an Administrator 

Now, if you’re named as the administrator, you hold significant responsibility. From managing debts to distributing assets, it’s a large task, but understanding the role can make it less overwhelming. 

The Two Paths After a Death in New York 

The process of settling an estate in New York generally takes one of two paths, depending on whether a will exists after a person dies. 

1. Probate Law

The probate proceeding occurs when the deceased leaves behind a valid will. The will outlines how their estate should be distributed. Here, the executor named in the will acts on the deceased’s behalf to manage their affairs. 

2. Administration 

If no will exists, the process is referred to as estate administration. This is where the court appoints an administrator, typically a close family member, to take on the role of distributing the assets based on New York intestacy laws. 

While these terms may sound interchangeable, they signify distinct legal procedures. The probate process relies on a written will, while administration follows intestacy laws to guide distributions. 

Why New York’s Intestacy Laws May Surprise You 

Did you know that without a will, your close friend or lifelong partner could potentially inherit nothing from your estate? 

New York’s intestacy laws distribute estate assets to blood relatives and legal spouses, leaving others out entirely. For example, if someone wishes to leave a portion of their estate to a close friend, that person will be bypassed unless they’re included in a valid will. 

And that’s not all. Without clear estate planning, assets might go to estranged relatives or individuals you might not have chosen. This is why having a plan—or understanding the court-appointed administrator’s role—is so crucial. 

Probate vs. Non-Probate Assets 

Here’s where things get a bit more technical. Not all types of assets follow the same rules when a person passes away. 

Probate Assets 

These assets require probate court involvement to be distributed. They typically include items like solely-owned bank accounts, real estate owned individually, and personal belongings. 

Non-Probate Assets 

Non-probate assets bypass the court system altogether. These include joint accounts, assets held in trusts, or anything with designated beneficiaries, such as retirement accounts or life insurance policies. 

Exception to the Rules

But here’s the catch—there are some gray areas. For example, a jointly-owned bank account becomes a non-probate asset when one owner passes away, but remains a probate asset when passed to someone other than a joint owner. It’s essential to have a clear understanding of each asset’s classification. 

The Role of the Administrator of Estate 

Being an administrator comes with responsibility, but what does this role entail? 

• Identifying Assets: The first step is to identify all assets, both probate and non-probate. This ensures everything is accounted for. 
• Notifying Creditors: Administrators are responsible for addressing any debts owed by the deceased. These must be settled before assets can be distributed. 
• Filing Taxes: Estates over a certain threshold are taxable in New York. Administrators must handle state and possibly federal estate tax filings. 
• Distribution of Assets: Finally, administrators must distribute the remaining assets to the rightful heirs as directed by intestacy laws. 

It’s worth noting that New York’s laws enforce strict court oversight during these steps, especially to protect the rights of creditors and heirs alike. 

Why the Right Guidance Matters 

Feeling uncertain about handling a deceased person’s estate?

You’re not alone—and that’s why professional guidance matters. New York estate laws are full of nuances that can make even straightforward cases surprisingly complex. 

Personalized Guidance – Law Offices of Vlad Portnoy

At the Law Offices of Vlad Portnoy, we understand how deeply personal and significant these matters are. Whether you’re serving as an administrator, executor, or simply need to understand your options, we’re here to help you every step of the way with a personal representative. 

Our office is here to guide you with New York probate attorneys to manage trusts, wills, and anything else to help manage your loved one’s estate.

Reach out to us today, and let’s explore your options together. Call us at 516-518-8586 or visit our website to schedule a consultation. 

Your loved one’s legacy deserves to be honored, and we’re here to provide the clarity and support you need.