When someone dies, the assets left behind along with credits and debts are considered the decedent's estate. The process of settling a decedent's estate is referred to as estate administration. This is handled differently in different states, but in the majority of cases, an estate without a will in place will need to go through the probate process. A probate court will review the estate and determine where assets will be transferred as well as how debts are handled.
Wills and Probate
If a decedent has a will in place, the probate process can sometimes be avoided altogether. In some states, presenting a will at the time of probate negates the probate process and allows the executor of the estate to administer the wishes of the decedent. A will requires that the decedent fill out forms during their living years while in sound mind and body. If a will is incomplete or assets are not covered in a will document, assets not listed may need to be administered through a probate court.
With a will in place, the named executor of the estate is tasked with ensuring that assets are distributed according to the decedent's wishes. This process can be simple, but when large sums of money are involved or a will requires that assets be transferred to many separate entities located across the country or the globe, the process can be more difficult.
Involving an Attorney
Many estate administration cases will need the involvement of an attorney. The attorney that you choose to provide counsel in such cases should be a local attorney in the state in which the estate is located. This is because different states have different laws and regulations surrounding estate administration. Looking for an experienced New York City estate administration attorney? Click now to visit this website and schedule a consultation.
In NYC, a New York City estate administration attorney would be the resource to contact, but other cities would require legal representation from their respective states. If you contact a New York City estate administration attorney, you're encouraged to have any legal documents pertaining to the estate handy so that you can recall details during your initial consultation.
Author Resource:-
Mark writes often about estate planning. His articles may include topics like real estate closing attorney and business succession laws to help the people in needs. You can find his thoughts at probate administration blog.