When a person dies without a will, the proceeding is called an Administration. If the recently departed person, known as the “decedent” died with a will, then a probate proceeding should be filed. If the decedent had less than $30,000 of personal property with a will or without a will, then a small estate, also called a voluntary administration proceeding, can be filed.
Administration is the process where the Court issues Letters of Administration to a qualified distributee of the decedent. Letters of Administration appoints a decedent’s distributee and gives them the authority to collect and distribute the decedent’s property according to the law.
If the decedent’s only asset is real estate, it may not be necessary to file an administration proceeding depending on who survives the decedent. By law, real property is passed on to the decedent’s distributee at the time of death which makes the distributees the owners of the property.
Mark D. Stern has extensive experience in Probate & Administration Proceedings and all matter of Estate Law. Contact our firm to see how we can put our knowledge and expertise to work for you. Call us at 845-294-7990 or to contact us via email, click here.