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Law & Legal
  1. How to Qualify for a Medicaid Waiver
  2. Six Reasons Someone May Be Placed Under a Guardianship
  3. What Can Be Included in a Will?
  4. How Much Should You Put as a Down Payment on a House?
  5. 3 Assets That Can Fund a Trust
  6. Why You Should Have a Life Insurance Policy
  7. Is Real Estate a Good Financial Investment?
  8. S-Corp vs. C-Corp
  9. 5 Reasons Someone Might Disinherit a Child
  10. Benefits of a Testamentary Trust
  11. Steps on How to Sign Up for Life Insurance
  12. What is the Estate Administration Process?
  13. What Types of Government Benefits are Available for the Elderly?
  14. What is the Job of an Executor?
  15. What is a Simple Estate Plan?
  16. Why You Should Have a Will
  17. 3 Things You Need to Prepare Your Taxes
  18. Tips for Planning an Estate
  19. What is Electronic Notarization?
  20. Are There Requirements to Qualify for Medicaid Home Care?
  21. 3 Benefits of Tax Planning
  22. 3 Things to Know About Retirement Planning
  23. How Does Mental Illness Impact Your Estate Planning Process?
  24. What is a Lawsuit for Wrongful Death?
  25. What is The Tax Code?
  26. Guide to Become a Tax Advisor
  27. Does My Parents' Divorcing Impact My Inheritance?
  28. Guide to Understand When You Should and Shouldn't Buy a Home
  29. 3 Things a CPA Can Help With
  30. Tips to Maximize Your Tax Refund
  31. 3 Reasons You Should Have a Tax Accountant on Retainer
  32. Do Self-Employed Individuals Get Taxed Differently?
  33. What are Unclaimed Funds?
  34. 4 Things to Know About Surrogate's Court
  35. 3 Reasons Having Advance Directives is Important
  36. What are Estate Taxes?
  37. What is The Estate-Tax Exemption?
  38. Who Has to File Taxes?
  39. 3 Reasons You Should Have a Trust Protector
  40. Understanding Spousal Impoverishment
  41. Who Files Taxes For Businesses?
  42. Should I File My Taxes Using Turbo Tax?
  43. 3 Ways to Protect Against Financial Exploitation
  44. Who Qualifies for a Special Needs Trust?
  45. Guide on How to Write Off Business Expenses When Doing Your Taxes
  46. 3 Things Every Small Business Should Know
  47. Why Updating Your Will is Important
  48. What is the Probate Journey?
  49. What Happens if I Don't File My Taxes?
  50. Tax Accountant vs CPA
What is the Estate Administration Process? {{ currentPage ? currentPage.title : "" }}

When someone dies, the assets left behind along with credits and debts are considered the decedent's estate. The process of settling a decedent's estate is referred to as estate administration. This is handled differently in different states, but in the majority of cases, an estate without a will in place will need to go through the probate process. A probate court will review the estate and determine where assets will be transferred as well as how debts are handled.

Wills and Probate

If a decedent has a will in place, the probate process can sometimes be avoided altogether. In some states, presenting a will at the time of probate negates the probate process and allows the executor of the estate to administer the wishes of the decedent. A will requires that the decedent fill out forms during their living years while in sound mind and body. If a will is incomplete or assets are not covered in a will document, assets not listed may need to be administered through a probate court.

With a will in place, the named executor of the estate is tasked with ensuring that assets are distributed according to the decedent's wishes. This process can be simple, but when large sums of money are involved or a will requires that assets be transferred to many separate entities located across the country or the globe, the process can be more difficult.

Involving an Attorney

Many estate administration cases will need the involvement of an attorney. The attorney that you choose to provide counsel in such cases should be a local attorney in the state in which the estate is located. This is because different states have different laws and regulations surrounding estate administration.

In NYC, a New York City estate administration attorney would be the resource to contact, but other cities would require legal representation from their respective states. If you contact a New York City estate administration attorney, you’re encouraged to have any legal documents pertaining to the estate handy so that you can recall details during your initial consultation.

Author Resource:-

Mark writes often about estate planning. His articles may include topics like real estate closing attorney and business succession laws to help the people in needs. You can find his thoughts at probate administration blog.

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