Upon the death of a decedent, one of the first orders of business is determining whether there exists a Last Will and Testament. If a person dies without a Last Will, then their estate is distributed according to the laws of intestacy. Estates, Powers and Trusts Law (EPTL) Section 4-1.1…
Articles Posted in Probate
Probate of a New York Will May Involve an Ancient Document
The probate process in New York requires compliance with the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). One of the most important statutory provisions is EPTL 3-2.1 entitled “Execution and attestation of wills; formal requirements”. This statute provides the formality necessary with regard to…
Probate of a New York Will by Summary Judgment
When a person dies leaving a Last Will and Testament, it is necessary to have the Will admitted to probate. This is typically the situation where a decedent dies and there are assets held in the decedent’s name alone. The New York Probate Lawyer Blog has published many articles concerning…
New York Estate Planning and the Probate Process
Estate planning is an important part of an overall financial plan. The New York Probate Lawyer Blog has published many articles discussing the various aspects of an estate plan. These items include a Last Will and Testament, Living Will, Revocable Trust, Health Care Proxy and Power of Attorney. Some of…
Determining Kinship is Important to Settle a New York Estate
There are many issues that arise concerning identifying the next of kin of a decedent. These issues arise in different contexts. If a decedent died and left a Last Will and Testament, the probate process requires that all of a decedent’s next of kin (distributees) be given notice of the…
The Appointment of a Preliminary Executor Should Reflect a Decedent’s Intent
The function of estate planning in New York is to provide documents which reflect the intentions of the creator. Estate planning is a broad topic which in general may encompass many types of objectives. In its purest form, an estate plan consists of a Last Will and Testament. In addition,…
Probating A New York Will – A Complex Process
A Last Will and Testament is a document meant to memorialize a person’s intentions regarding the disposition of his property after death. The various rules and statutes relating to the probate process are typically strictly adhered to by the Surrogate’s Court. This is because if there are any variations or…
Mere Delay in Prosecuting a Probate Proceeding May Not Result in a Dismissal
When a person dies, one of the initial issues is whether the individual had a Last Will and Testament. This determination is important because the existence of a Will provides the roadmap for the administration and distribution of a decedent’s estate. In cases where there is no Will, a person…
Alleged Undue Influence was Found Not to Provide a Basis to Vacate a Probate Decree
Probating a Last Will and Testament in New York requires that the Court be satisfied that the Will complies with all the statutory and Court-mandated requirements. The primary source of reference is Estates, Powers and Trusts Law Section 3-2.1 entitled “Execution and attestation of wills; formal requirements.” This statute sets…
A Default in a Probate Proceeding May Be Vacated Upon Reasonable Cause
When a person dies and leaves a Last Will and Testament, the next step is to commence a proceeding to probate the Will. The probate process can be very complicated. In the first instance, it is important to locate the original of the Last Will and Testament. When the original…