Estate distribution in Riverhead involves several complex steps. How an estate will be distributed to your family depends on whether there is a will and your family dynamics. Working with an estate planning attorney could help relieve some of the burden and provide essential guidance on how to handle this process.
If you have questions about probate or how to help your family manage your affairs after you are gone, the caring and experienced lawyers at Tully Law Group, PC are here to assist you. Speak with our team to learn more about strategies to ensure your estate is distributed according to your wishes.
A last will and testament is a document that dictates the distribution of a person’s assets upon their passing. A will typically describes how a person wants their assets to be distributed, specific bequests of personal items, and guardianship of any minor children.
A will also names an executor or personal representative. The designated executor in Riverhead must start the probate process and manage estate distribution according to the law and the will.
If a person passes without a will, this is referred to as passing “intestate.” When there is no will to dictate how an estate will be distributed, state intestacy laws will govern the distribution of the decedent’s estate.
Since there will be no will to appoint a personal representative, the Surrogacy Court will likely appoint a representative to manage the estate. The personal representative is typically chosen from the decedent’s surviving spouse, children, grandchildren, parents, or siblings.
When a person has no will, the personal representative must distribute the estate according to state inheritance or intestacy laws. The rules will differ depending on the decedent’s relationships and surviving family members. Here is how it works in different scenarios:
If necessary, the estate may be distributed to more distant relatives from the decedent. In cases where there are no surviving relatives, the estate will revert to the state of New York.
During a consultation, an attorney in Riverhead could explain relevant estate distribution laws and help create a comprehensive will to avoid the complexities of intestate succession.
Probate starts by filing the original will, the death certificate, and the probate petition with the Surrogate’s Court in the county where the decedent resided. The court will need to decide if the will is legally valid and officially appoint the executor to manage the estate.
Before the executor can begin distributing the estate in Riverhead, any family members entitled to a share of the estate must be notified. These “distributees” must be served with a notice and be listed in the probate petition. Creditors must also be notified.
After the probate process is started, the executor will need to inventory the assets of the estate. Before any assets can be distributed, the executor must also pay any debts, taxes, funeral, and administrative expenses. This process typically takes around one year to complete, though it can be as few as nine months or up to 18 months and longer.
If you need assistance with estate distribution in Riverhead, our lawyers are here to help. The legal team at Tully Law Group, PC is dedicated to helping families throughout the life planning, estate planning, and probate process.
Whether you are planning ahead for the future or need to start probate, our caring staff could assist you – get in touch with us today.
