New York Probate Lawyer Blog
After the death of an individual, it may be necessary to administer a decedent’s estate. This is essential when a person dies leaving assets such as financial accounts or real estate owned in the person’s name. In cases where a decedent’s assets are held in his name along with another person, such as joint bank accounts or with named beneficiaries, administration may not be needed. This is because such assets pass to the joint owner or beneficiary automatically by operation of law. As an example, if a person dies and leaves a 401K financial account with a relative named as beneficiary, then this asset will be paid directly to the named beneficiary without estate administration. The New York Probate Lawyer Blog contains many articles discussing estate settlement.
When assets are held in a decedent’s name alone, these items need to be distributed in a certain manner. If there is a Last Will and Testament, the Will must be probated and the terms of the Will followed for asset distribution. If a person dies intestate, without a Will, then his estate is distributed according to the laws of intestacy. The decedent’s distributees (heirs) are entitled to receive the estate amounts. Typically, the person in charge of handling the affairs of an estate is an executor under a Will or a family member who qualifies to act as an estate administrator according to the intestacy provisions in the Surrogate’s Court Procedure Act.
In cases where there is no available or appropriate person to be appointed to control estate affairs the Court might appoint a Public Administrator. The office of a Public Administrator in New York City is a government agency. The Public Administrator in each County has responsibility for handling the estates of decedent’s where there is no one else qualified to do so. Attorneys who represent the Pubic Administrator handle the Surrogate’s Court proceedings.
A recent Manhattan estate case involving the New York County Public Administrator provides a good example of this process. This recent case is entitled Estate of Victor Trinchet and was decided by Manhattan Surrogate Rita Mella on April 15, 2025. In Trinchet the decedent died intestate. It appears that there was an issue concerning the identity of all of the decedent’s next of kin. As a result, the Court held a kinship hearing where evidence was presented regarding the identity of the decedent’s next of kin. The Court was able to determine the next of kin following the hearing and, ultimately, allow the Public Administrator to finalize an estate accounting and to distribute the net estate to the decedent’s rightful heirs.
As can be seen from Trinchet, estate settlement can be complicated. Representation by an experienced trust and estate attorney can be essential in Surrogate’s Court proceedings such as kinship hearings, probate, intestate administration and accounting matters.
I have been representing clients in estate and trust matters for over 40 years. Do you have a question regarding an estate? Call me now for a free confidential review of your issue. We provide reasonable and flexible fee arrangements and personal representation.
New York Trusts and Estates Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including the Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County. If you or someone you know has any questions regarding these matters, please contact me at (212) 355-2575 for an initial free consultation.