Heirs, beneficiaries, and assets that skip the estate
When there is no valid will, state law decides who inherits, and New York calls those relatives distributees. A surviving spouse and children are generally first in line, and more distant relatives come in only when closer ones are absent. When there is a will, the people it names take under it, but heirs still matter, because they usually receive notice of the probate proceeding and may have the right to object. Many assets never pass through the estate at all. Life insurance, retirement accounts, and accounts with a payable-on-death or joint owner designation usually go to whoever is named, regardless of who the heirs are. Sorting assets into these two groups is often the first real step.
Proving the family relationship
Courts and financial institutions want documents, not family knowledge. The usual starting point is the death certificate, along with birth and marriage certificates that link each heir to the person who died. When records were kept abroad, were amended, or show different spellings of names, certified copies and translations may be needed, and gaps are sometimes filled with sworn statements from people who knew the family. Where the heirs are distant relatives, such as cousins, a New York Surrogate's Court may require more formal proof of kinship before it recognizes anyone. Adoptions, children born outside marriage, and earlier marriages that may never have been formally ended are the situations that most often complicate the picture, so mention them early.
Which proceeding fits the estate
In New York, estates are handled in the Surrogate's Court of the county where the person lived. A larger estate without a will usually goes through an administration proceeding, in which someone is appointed to collect the assets and pay debts before anything is distributed, while a smaller estate may qualify for a simpler voluntary administration process. If the person lived in another state or owned real estate in more than one state, more than one court can be involved. In a first conversation we look at whether a will exists or may exist, which assets are titled to the estate, who the heirs appear to be, and whether anyone disagrees. We also discuss whether you should serve as the fiduciary yourself, since that role carries duties to every other heir, not only to you.
