Weinstein & Randisi
Phone:585-310-1578
Toll free:800-768-1780

Resize the Content Text

Can I file an estate proceeding after a person's death?

In New York, there are many questions that heirs will have after the death of a loved one. Estate and probate can be complicated and confusing and it is even more difficult if there was no will. A person who died intestate might have done so because they did not believe they had significant assets to warrant a will or other estate planning device. They could have been younger and been the victim of an untimely death before realizing that a will was needed. The family members left behind will frequently wonder about filing for estate administration. To understand this, having legal advice is critical.

When there was a will, there will be an executor. This makes the process of estate administration simpler than if there is no will. The executor will simply file for probate or a small estate in the relevant county where the testator lived. If, however, the person died intestate, only certain people can file for administration or for a small estate. Generally, this is limited to the person who is designated as the "closest distribute."

Often, that will be the spouse. This individual will have the right to file first before the testator's children. If there was no living spouse, the children will subsequently have equal rights to file. There are some cases in which the relative who has prior rights does not want to file for estate administration. That person can renounce the right and sign a waiver stating as such. For relatives with equal rights - children are an example - they will all need to sign a waiver to renounce the rights. When this is done, it is not a relinquishing of their rights to the estate. They simply do not want to handle the administration of the will.

While it is inadvisable for people to die intestate, it happens every day. Families left behind will often be unaware as to what happens next and how the heirs will deal with the administration of the estate. Having legal help in dealing with this difficult circumstance is key and a law firm that handles estate administration and its various aspects be contacted as soon as possible for advice.

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Blog Feed

Blog

Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map

Map

Call us now for a free, 100% confidential consultation: