What Happens to Their Property When a Loved One Passes Away Without a Will?

If a loved one passes away without a will, their property will be subject to New York's estate administration process. This is similar, but distinct from, the probate process. This means that a court will oversee the distribution of their assets. The court will appoint an administrator to handle the estate, and they will follow the state's intestacy laws. This can be a complex and time-consuming process, so it's important to have an experienced New York attorney by your side.

New York's intestacy laws are designed to distribute a person's property in a way that is fair and equitable. However, this may not be what your loved one would have wanted. It's important to remember that a will is the best way to ensure that your property is distributed according to your wishes.

Who Has a Right to the Estate?

Under New York law, the surviving spouse is first in line to inherit the estate. If there is no surviving spouse, the children will inherit the estate. If there are no children, the estate will go to the deceased person's parents. If the deceased person's parents are deceased, the estate will go to their siblings. If there are no surviving siblings, the estate will go to the next closest relatives.

The administrator of the estate is responsible for paying the debts of the deceased person. They will also be responsible for paying any taxes that are due.

What is the Probate Process?

The probate process can be complicated, and it's important to have an experienced attorney by your side. The first step is to file a petition with the court. The administrator will then be appointed, and they will be responsible for distributing the assets of the estate. The administrator will follow the state's intestacy laws, and they will ultimately distribute the assets to the rightful heirs.

Like probate, the estate administration process can be time-consuming, and it can be costly. However, it's important to remember that a will is the best way to ensure that your property is distributed according to your wishes.

What Are the Intestate Succession Laws?

New York's intestate succession laws are designed to distribute a person's property in a way that is fair and equitable. However, this may not be what your loved one would have wanted. It's important to remember that a will is the best way to ensure that your property is distributed according to your wishes.

What if I Am the Administrator?

If you are the administrator of an estate, you have a few responsibilities. First, you will need to inventory the deceased person's assets and liabilities. You will then need to pay any debts and taxes that are owed. After that, you can begin the process of distributing the assets to the beneficiaries.

Like probate, the estate administration process can be complex and time-consuming. It's important to have an experienced New York attorney by your side to help you navigate the process.

How is an Administrator Selected?

The court will appoint an administrator when someone dies without a will. The administrator is typically the surviving spouse, but it can also be a child or other relative. The administrator will be responsible for distributing the assets of the estate.

Can the Administrator Be Removed?

Yes, the administrator can be removed by the court for cause. This typically happens if the administrator is not doing their job or if they are not following the state's probate laws.

If you have any questions about what happens to a person's property when they pass away without a will, please contact our office.

Contact Nasser Law

Nasser Law PLLC provides legal services to individuals and businesses in the New York area. We offer a wide range of legal services, including estate planning, probate, and business law. Contact us today to schedule a consultation.

Conclusion

If a loved one passes away without a will, their property will be subject to New York's estate administration process. This means that a court will oversee the distribution of their assets. The court will appoint an administrator to handle the estate, and they will follow the state's intestacy laws. This can be a complex and time-consuming process, so it's important to have an experienced New York attorney by your side.