• X
  • Facebook
  • Instagram
  • Youtube
  • LinkedIn
  • Mail
Call us now: (914) 965-1011
Yonkers Real Estate Attorney
  • Areas of Practice
    • Real Estate
    • Real Estate Deed Transfer
    • Landlord and Tenant Law
      • Yonkers Evictions and Landlord Tenant Law
    • Business Formation
      • Business Entities
    • Civil Litigation
      • Real Estate Litigation
      • Enforcement of Promissory Notes
      • Breach of Contract
      • Tortious Interference of Contractual Relations
      • Contract Drafting
      • Non-Competition Agreements
      • Construction Agreements
      • Independent Contractor Agreements
      • Construction Litigation
      • Service Contracts
      • Partner and Shareholder Disputes
      • Dissolving Your Company
      • Negligence Defense
      • Other General Civil Litigation
    • Zoning Matters
    • Lender Representation
    • DHCR
    • Wills, Trusts & Estates
      • Wills
      • Advanced Directives
      • Estate Probate
      • Estate Administration
      • Will Contests
      • Estate Litigation
      • Estate Planning
    • Tax Certiorari
    • Attorney Referrals
  • FAQ
  • Reviews
  • Forms
  • Media
    • Videos
    • Downloadable Newsletters
    • Blog
    • Presentations
    • Current Events
    • Community Outreach
  • Helpful Links
    • Yonkers Evictions and Landlord Tenant Law
  • Contact Us
  • The Team
  • Search
  • Menu Menu
You are here: Home1 / Areas of Practice2 / Wills, Trusts & Estates3 / Estate Administration

Estate Administration

When you do not have a will, upon your death you are considered to have died “intestate” and your estate will be administered by way of an administration proceeding in the Surrogate’s Court. Just as with the probate process, the Surrogate’s Court located in the county you reside at the time of your death has jurisdiction over the estate. In the administration proceeding, it is determined, by law, who has an interest in your estate. The interested individuals are given notice of the administration proceeding and have the opportunity to appear in court. An administrator is appointed to oversee the estate, and the estate’s assets are distributed in accordance with the New York Estates Powers and Trusts Law (EPTL), and all debts of the estate are paid.

Similar to the probate proceeding, an administration proceeding is commenced by filing a petition for letters of administration. We represent the person who petitions the court; that person is someone who has an interest in your estate and is asking to be appointed administrator of your estate (similar to the executor of an estate in a probate proceeding).

Once the Surrogate’s Court recognizes the case may be heard and all issues have been resolved, the Surrogate’s Court will issue an order granting letters of administration appointing the administrator. The letters of administration give an administrator the authority to act on behalf of the estate. The administrator ensures the decedent’s estate is distributed in accordance with the New York EPTL and any outstanding debts of the estate are settled and paid.

The process of petitioning the Surrogate’s Court for letters of administration is complex and overwhelming.  The administrator of the estate is the personal representative and fiduciary of the estate. As the fiduciary, the administrator is responsible for ensuring the estate’s assets are properly distributed and debts are paid-off. An administrator could face personal liability in the event an error occurs. For these reasons, it is absolutely important that you, as an administrator, are represented by an estate administration attorney.

As your attorney, we will work closely with you and the Surrogate’s Court in the following:

  • Determining the distributees, creditors, and any other interested parties
  • Identifying the decedent’s assets and property
  • Properly completing all documents required by the Surrogate’s Court, including, the administration petition, inventory of assets, family tree affidavits, and accounting
  • Paying debts
  • Distributing property

We will guide you through the complex and detail oriented process that begins with filing the petition and ends with the Surrogate’s Court order closing out the estate.

The Estate Administration Attorneys at James G. Dibbini & Associates, P.C. have over 20 years of experience in Wills, Trusts & Estates.

In order to learn more about administration of an estate or if you have any other questions about Wills, Trusts & Estates, please feel free to contact us directly at (914) 965-1011.

Recent Posts

  • Urge your legislators to reject Good Cause Eviction!
  • How do I collect rent my tenant owes me?
  • What is the first step in removing a tenant?
  • Do I have to honor the old lease the tenant signed with the former owner?
  • What do I do with a tenant that is always late with their rent?

Any more questions?

"*" indicates required fields

Name*


Download Our
Newsletter Here

Subscribe to Jim’s Newsletter




570 Yonkers Ave | Yonkers, New York 10704
Direct access from street level. ADA Accessible bathrooms on premises.
Tel: (914) 965-1011 | Fax: (914) 965-0019 | e-mail: jdibbini@dibbinilaw.com

Now Serving These Locations:
Yonkers | Bronx

GET DIRECTIONS

© James G. Dibbini & Associates, P.C.

This web site is designed to provide general information only and to help in the choice of appropriate legal counsel. The information contained herein should not be construed as legal advice. Legal jurisdictions differ on major and minor aspects of the law and each legal situation is unique; requiring that all legal situations be addressed with qualified legal counsel. Prior results do not guarantee a similar outcome. Submitting or receiving information or questions through this web site does not create an attorney client relationship. No attorney client relationship will exist unless you meet with one of our attorneys and sign a retainer agreement. Please do not submit any information that is case specific, personal or confidential. If you have legal problem or issue you should always consult with a qualified lawyer experienced in the appropriate area of law. We would be glad to discuss your specific situation with you, should you so desire, by phone at (914) 965-1011.

Disclaimer | Site Map | Contact Us | Privacy Policy

Scroll to top

We use cookies to provide and improve our services. By using our site, you consent to cookies.

OKLearn More×

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Accept settingsHide notification only