Legal Question in Wills and Trusts in New York

Re: deceased with no will

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My sympathies for your loss.

Any property other than an automobile (which passes to the surviving spouse by operation of law) solely in your husbands' name is part of the estate and subject to administration. As the surviving spouse you will be able to apply to the Surrogate's Court to be appointed as Administrator.

Any other property held jointly passes automatically to the survivor.

You should be able to get your husband's pension benefits if he provided for you as his beneficiary with just a certified death certificate. Try not to give up the original,

Any back pay owed an active employee may be part of the estate. Inquire at your husband's agency to see if you need a certificate from the Surrogate's Court.

Depending upon the size of the estate, (total assets), you may qualify for small estate administration.

Re: deceased with no will

If he had no will and there are assets which do not pass automatically by survivorship, you will need to start an administration proceeding in Surrogate's court.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Re: deceased with no will

Arnold's answer is most comprehensive. As the surviving spouse, you are first in line to be appointed Administrator of his estate (Administration is probate where there there is no Will). The estate consists of all assets owned by a decedent, individually, jointly (unless the joint owner can verify some contribution to the joint account) or over which he had control (like an insurance policy with a designated beneficiary, or retirement benefits, on which he was listed as the owner). Joint assets or those with designated beneficiaries are not part of the probate process, but do constitute a part of his taxable "estate". Thus, there are 2 separate concepts of "estate): (1) all assets in which he had an interest or over which he had control (taxable estate) and those items he owned indivually (probate estate). This distinction becomes important to determine if any estate or inheritance taxes are due. Assets he owned individually are subject to distribution under the intestacy laws, which may involve the surviving spouse and children, if there are any, as to whom they pass upon his death. If you need assistance, contact me directly.