How Probate and Estate Administration Works After a Loved One Passes
When a loved one passes away, families are often handling grief while also facing decisions that affect property, paperwork, and financial accounts. Probate and administration are not just formalities. They create legal authority for someone to act on behalf of the estate, communicate with banks and other institutions, and transfer property to the right recipients.
At Goldstein Mauer PLLC, our legal team works with people who want a clear picture of what probate and estate administration involve and why the court process can matter even for families that agree on the big issues. We proudly serve the New York City metro area, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We also serve Long Island, Westchester, and Rockland Counties. Contact us today for more information.
Immediate Tasks and Key Documents
The earliest steps typically focus on protecting property and gathering records to support later court filings and asset collection. It also helps to designate a single point of contact for relatives and institutions, so requests are not duplicated or missed. Many families start with a short set of priorities:
Locate the most recent will: Find the signed original and any amendments, and keep them secure while you confirm the current version.
Request certified death certificates: Many institutions will not release information or transfer accounts without certified copies.
Secure real property and valuables: Take reasonable steps to protect a home, vehicles, and personal items from loss or damage.
List known assets and recurring bills: Note bank accounts, retirement accounts, insurance policies, mortgages, utilities, and subscriptions.
Collect access and contact information: Gather mail, account statements, and the names of key contacts for benefits and property.
Once you have that foundation, the next question is whether a Surrogate's Court case is necessary and what type of case is appropriate. That turns on whether a will can be admitted to probate and whether assets are titled in the decedent's name alone. Those details determine whether you are dealing with probate or an administration proceeding.
Probate and Administration Basics in New York
Probate is the court process used when there is a will and the court accepts it. Administration is the process used when there is no will or when a will can’t be admitted to probate. In both situations, the court appoints a fiduciary, such as an executor or administrator, and issues letters of authority that confirm the fiduciary's authority to act on behalf of the estate.
Not every asset passes through the court case. Some property transfers outside Surrogate's Court are made because of the property's title or because a contract already designates the recipient, such as certain beneficiary-designated accounts. Still, if assets are held in the decedent's sole name, a fiduciary appointment is often required to access, manage, and transfer them.
Filing for Authority in Surrogate's Court
A Surrogate's Court case typically begins with a petition that identifies the decedent, lists the interested parties, describes the estate at a high level, and asks the court to appoint the right fiduciary. Many cases follow a practical four-step sequence like this:
Gather filing materials: This often includes the death certificate, the original will (if one exists), and basic information on assets and family relationships.
Prepare and submit the petition: It sets out the required facts and requests the appropriate fiduciary appointment for the estate.
Address notices and consents: Interested parties may sign waivers and consents, or formal notice procedures may be required.
Receive letters from the court: Once the court approves the appointment, the fiduciary receives letters that institutions rely on.
After the letters are issued, the work shifts from starting the case to managing the estate through collection, payment, and distribution. This is also the stage where organization matters most, as the fiduciary may be managing multiple accounts, deadlines, and family matters simultaneously.
Administering the Estate After Letters Issued
Once appointed, the fiduciary has legal duties that require careful handling of estate property and clear documentation of actions taken and the reasons for them. These tasks often need to happen before final distributions make sense, because paying too soon can create problems if bills, claims, or required filings are still outstanding. Many fiduciaries track their work in categories like these:
Collect and safeguard estate assets: Contact institutions, transfer accounts when required, and keep property protected while decisions are made.
Manage ongoing expenses: Maintain insurance and pay necessary carrying costs that keep property stable, such as utilities and basic upkeep.
Review debts and claims: Confirm validity, track payments, and document what was resolved and when.
Keep a clean paper trail: Save statements, receipts, and correspondence, and maintain a running log of actions taken for the estate.
Plan the distribution approach: Prepare for transfers, sales, or in-kind distributions, based on the will's instructions or legal requirements.
As these tasks progress, timelines may still shift due to third-party response times, asset issues, or disagreements among stakeholders. That is why it helps to treat administration as a sequence of checkpoints rather than a single event.
Distributions Closing and Common Roadblocks
Distributions typically occur after the fiduciary has collected estate assets, paid necessary expenses, and met valid obligations. Depending on the circumstances, closing the estate may involve informal documentation, such as receipts and releases, or more formal accounting procedures.
Real property can add time because it may require maintenance, valuation, sale decisions, or coordination among multiple recipients. Account transfers can also take time if institutions have their own internal requirements for paperwork review.
Roadblocks often arise from missing records, difficulty locating interested parties for required notices, disputes over ownership or will validity, or delays in property administration. Even without a dispute, timing can change if an asset is difficult to value, a creditor question needs to be resolved, or a sale is required before property can be divided fairly. An experienced estate planning attorney can offer support.
Contact An Experienced Attorney Today
If you are handling probate or estate administration after a loved one passes away, our team at Goldstein Mauer PLLC can help you understand which steps apply in New York and what paperwork is typically required. A focused conversation can help you identify what documents matter now, what decisions can wait, and how to keep the process organized from the start. Reach out to discuss your situation and what a reasonable next step looks like.
