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What Assets and Debts Does a Probate Lawyer in Nanuet Review?

Domaine d’activité :Estate Planning

A probate lawyer in Nanuet may first separate estate assets from property that passes outside probate and identify debts that can affect distribution.

Ownership at death matters as much as the will. Bank accounts, real estate, investments, insurance proceeds, trust property, and creditor claims may follow different legal paths. Before paying claims or distributing property, an executor should determine what falls within estate administration.

Contents


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.

RecordQuestion to Resolve
Bank or investment statementWho owned the account at death?
DeedWhat interest did the decedent hold?
Beneficiary designationIs another person entitled to the asset?
Trust recordsWas the asset transferred to the trust?
Creditor documentsDoes 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


Diagram: Linear sequence under NY SCPA 1811: administration expenses, funeral costs, preferred debts, other claims, and final distributions.
Diagram: Linear sequence under NY SCPA 1811: administration expenses, funeral costs, preferred debts, other claims, and final 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


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