1. Separate Probate Assets from Property That Transfers Another Way
A will does not determine everything an executor controls. Account ownership, deeds, beneficiary designations, trust funding, and other transfer arrangements may determine whether property enters the probate estate.
Compare the Will with the Ownership Records
Property owned individually by the decedent or payable to the estate generally requires probate review. Property held in trust, qualifying jointly owned property, and assets with effective beneficiary designations may transfer outside the executor's control.
Useful records may include:
- Bank and brokerage statements
- Deeds and other real-property records
- Beneficiary designations
- Retirement and life-insurance records
- Trust documents and transfer records
- Business ownership records
Some property may fall within probate administration, while other assets pass through a separate transfer arrangement.
Joint Accounts Require More Than a Name Check
Under New York Banking Law § 675, certain survivorship-form accounts create prima facie evidence of an intent to create survivorship rights. That presumption can be challenged in appropriate circumstances, including claims involving fraud or undue influence.
The account agreement and ownership records should therefore be reviewed before classifying the balance.
For a decedent domiciled in Nanuet, the estate proceeding ordinarily has venue in Rockland County Surrogate's Court.
2. Determine What the Fiduciary Can Control or Sell
Letters Testamentary authorize an executor to act for the estate, but they do not make every asset connected to the decedent estate property.
New York EPTL § 11-1.1 gives fiduciaries statutory powers unless the governing instrument or a court order limits them. Those powers can include collecting, managing, and dealing with estate property.
A bank may require proof of appointment before releasing an account. Real property can require review of the deed, mortgage, occupancy, and will. A closely held business interest may require organizational documents or a buy-sell agreement.
| Record | Question to Resolve |
|---|---|
| Bank or investment statement | Who owned the account at death? |
| Deed | What interest did the decedent hold? |
| Beneficiary designation | Is another person entitled to the asset? |
| Trust records | Was the asset transferred to the trust? |
| Creditor documents | Does the estate face an enforceable obligation? |
An asset valuation may establish value, but it does not determine whether an asset belongs to the probate estate.
3. Review Estate Debts before Making Distributions
Receiving a bill does not necessarily establish that the full amount is enforceable, and valid claims do not all have the same priority.
New York Law Sets an Order for Certain Obligations
Under New York SCPA § 1811, reasonable funeral expenses are preferred to debts and claims, subject to administration expenses. The statute also establishes priority among categories that include debts entitled to federal or New York preference, certain taxes, judgments, and other claims.
The executor should determine whether each claim is enforceable, secured, disputed, and properly prioritized.
Selling Property Is Different from Distributing the Proceeds
An estate may own valuable real estate while lacking enough cash for expenses, taxes, or accepted claims. A sale can require review of ownership, the will, mortgages or liens, and fiduciary authority.
Even after a sale, the proceeds may need to remain in the estate until remaining obligations are addressed.
Questions involving debt inheritance should be considered separately. A decedent's debt does not become an heir's personal debt merely because that person receives an inheritance.
4. Keep Records before Final Distribution
Estate records should show what entered fiduciary control, how property was handled, what the estate paid, and what remains available for beneficiaries.
The Inventory of Assets Has a Filing Deadline
Under 22 NYCRR § 207.20, the fiduciary or attorney of record generally must file an Inventory of Assets within nine months after Letters are issued unless the court directs otherwise.
Useful records may include date-of-death statements, deeds, valuations, invoices, creditor correspondence, tax records, sale documents, and estate-account transactions.
Trust assets also require separate review. A trust agreement alone does not prove that a particular asset became trust property. Deeds, account registrations, assignments, and other transfer records may need to be compared with the trust instrument.
Property actually held in trust may raise issues under trust law rather than ordinary probate administration.
5. Start the Probate Review with the Controlling Records
Account titles, deeds, beneficiary designations, trust records, creditor materials, and estate transactions can show which assets fall under fiduciary administration and what obligations must be addressed before distribution.
SJKP's attorneys can review those records with fiduciaries and heirs and identify New York estate-administration issues involving ownership, fiduciary authority, creditor claims, and proposed distributions.
28 Oct, 2026
