INTRODUCTION
Where to Locate Information on Administration
In New York when a person dies without a will, they are considered to die intestate. The process that a family must go through when trying to settle the decedent's estate is known as administration. The intent of this research guide is to provide the practicing attorneys with the necessary tools to locate information on this process.
The process involved in administering a decedent's estate can be complicated if a person does not know where to find the necessary information to begin the process. The process can be an involved process depending on the assets the decedent had at the time of his or her death. Should any legal questions or concerns arise during the process, it is important to consult with the appropriate professionals.
The recent downturn in the economy is having two major impacts with regard to a decedent's estate which makes the administration process more prevalent.
The first impact is more people are not preparing wills due to costs associated with it. They hope to avoid the added expense when the economy is putting so much stress on them already. This leads to less people drafting a will, leaving the decision on the division of their assets to New York State. The attorney who practices in the Elder Law area will have a lot of opportunities to handle an administration proceeding.
The second impact is felt by the person who volunteers the decedent's estate. This person, known as the Administrator, makes the choice to tackle the administration process alone. Their hope is to save the estate money by often avoiding attorney's fees. One must be careful in deciding to proceed without the support of a professional because often they are unaware of a requirement during the process. This could result in more money being spent and the in the end retaining an attorney anyway.
This research guide will provide information on various sources of law and information regarding where to begin researching the process involved in administration. It is suggested that a person begin looking at secondary sources to begin the process. These sources will offer a general overview of a topic of law. They will familiarize you with the basic concepts regarding the topic.
After familiarization with the topic in question, the next place to turn is to primary sources of law. These sources develop from the three branches of the New York State government. This includes the legislative, executive, and judicial branches. The two bodies which are responsible for developing most of the law on estate proceedings, in New York, are the legislative and judicial. The legislative body is responsible for the statutory authority, while, the judiciary develops the case law. This area of law will rely almost exclusively on state law.
The process involved in administering a decedent's estate can be complicated if a person does not know where to find the necessary information to begin the process. The process can be an involved process depending on the assets the decedent had at the time of his or her death. Should any legal questions or concerns arise during the process, it is important to consult with the appropriate professionals.
The recent downturn in the economy is having two major impacts with regard to a decedent's estate which makes the administration process more prevalent.
The first impact is more people are not preparing wills due to costs associated with it. They hope to avoid the added expense when the economy is putting so much stress on them already. This leads to less people drafting a will, leaving the decision on the division of their assets to New York State. The attorney who practices in the Elder Law area will have a lot of opportunities to handle an administration proceeding.
The second impact is felt by the person who volunteers the decedent's estate. This person, known as the Administrator, makes the choice to tackle the administration process alone. Their hope is to save the estate money by often avoiding attorney's fees. One must be careful in deciding to proceed without the support of a professional because often they are unaware of a requirement during the process. This could result in more money being spent and the in the end retaining an attorney anyway.
This research guide will provide information on various sources of law and information regarding where to begin researching the process involved in administration. It is suggested that a person begin looking at secondary sources to begin the process. These sources will offer a general overview of a topic of law. They will familiarize you with the basic concepts regarding the topic.
After familiarization with the topic in question, the next place to turn is to primary sources of law. These sources develop from the three branches of the New York State government. This includes the legislative, executive, and judicial branches. The two bodies which are responsible for developing most of the law on estate proceedings, in New York, are the legislative and judicial. The legislative body is responsible for the statutory authority, while, the judiciary develops the case law. This area of law will rely almost exclusively on state law.