1.  What happens if I die WITH a Will? - Probate

  • This process is called is called "Probate."
  • You have to file a "Probate Petition" in the Surrogate Court.
  • The decedent's property is then distributed according to the terms set forth in the Will.

This process can be cumbersome and our office has the experience to assist throughout. 

 

2.  What happens if I die WITHOUT a Will? - Administration

  • This process is called "Administration."
  • You have to file an "Administration Petition" in the Surrogate Court.
  • The decedent's property is then distributed according to a statutory formula rather than the
    decedent's wishes that would have been set forth in a will.
  • Also, the Surrogate Court will determine who will care for children if the other parent is
    unavailable or unfit.

This process can be cumbersome and our office has the experience to assist throughout.