New York, NY asked in Estate Planning for New York

Q: Executor of an estate question

The person left no will

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2 Lawyer Answers
Gary Lane
Gary Lane
Answered
  • Estate Planning Lawyer
  • Irvine, CA
  • Licensed in New York

A: If no Living Trust either, then you must go to probate court.

Benjamin Z. Katz
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Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: If a person died without a Will or a Trust and had property, assets or claims in their name that need to be distributed or pursued, an Administration proceeding must be initiated in Surrogates Court. It must be brought in the County where they resided prior to death. At the present time, there are significant delays in many counties. If you need to expedite the process, I suggest you speak with an attorney.

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