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Category: Probate and Estates
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What Are Letters Testamentary and Letters of Administration?

When a person passes away in New York state with assets that are solely in her name, a legal representative needs to be appointed to manage her estate. The Surrogate’s Court of the county where that person lived prior to their death appoints these representatives and grants them authority to act.

June 9, 2026
How Long Does Probate Take?

While no two estates are the same, especially when the courts are involved, understanding the different steps of the process can give you an idea of what to expect and how significant your time investment may be.

May 19, 2026
What Happens if a Person Dies in the Middle of a Lawsuit?

When a party to a lawsuit dies, the court with jurisdiction over the lawsuit should pause the action until a representative is appointed for the decedent's estate.

May 11, 2026
What To Know If You Receive a Surrogate’s Court Citation

A citation is a notice from the Court, requesting that you make an appearance in a pending proceeding. In Surrogate’s Court, this typically means that a Will is being offered for probate, or someone is seeking authority to act in an estate where you are a necessary party.

April 6, 2026
Handling Stocks in a Probate Estate

While cash assets held in checking and savings accounts can be more straightforward to transfer to an estate, navigating a decedent’s interest in shares of stock can be a daunting task.

March 24, 2026
Can You Decline Being an Executor?

An executor holds many important duties, and often must perform these obligations while navigating the grief of losing a loved one. Furthermore, complications such as advanced age or physical distance may make it difficult to perform the tasks required.

January 7, 2026
What To Know About the Challenges of Being an Executor

You should know that anyone can nominate you as executor of his or her Will, but there are many factors that determine whether acting as executor will be a smoothly paved road or a bumpy one.

December 4, 2025
When Should You Decline an Inheritance?

Most of us think of an inheritance as a good thing—something you would never dream of turning down. But believe it or not, there are times when saying “no, thanks” to an inheritance actually makes sense.

November 27, 2025
Do I Need Probate for a Small Estate?

The probate process can be lengthy, especially when a complex family tree is involved. Thankfully, the Surrogate’s Court provides a simplified alternative for “small estates,” through a process called Voluntary Administration.

November 13, 2025
Can the Right of Survivorship Be Challenged?

The right of survivorship is very powerful and extremely difficult to challenge.

May 1, 2025
Do You Have to Probate a Will?

Probate is the process by which a last will and testament is accepted by the Surrogate’s Court.

February 13, 2025