• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law Offices of Kobrick and Moccia

Long Island Estate Planning Attorneys

ESTATE, TRUST PLANNING &
ELDER LAW INFORMATION CENTER

Call Now: (800) 295.1917

  • Attend Our Free Webinars
  • Home
  • Our Firm
    • About Our Firm
    • Client Testimonials
    • Meet Our Team
  • Services
    • Blended Family Planning
    • Elder Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Guardianship
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Articles
    • Elder Law Resources
      • Commack Elder Law
      • Elder Law Reports
      • Harrison Elder Law
      • Hauppauge Elder Law
      • Rockville Centre Elder Law
      • White Plains Elder Law
    • Estate Planning Definitions
    • FREE Estate Planning Worksheet
    • FREE Seminars
    • Frequently Asked Questions
      • Elder Law
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Is My Estate Plan Outdated?
    • Legacy Wealth Planning Consultation Form
    • Medicaid Resources
    • Probate Resources
      • Harrison Probate
      • Hauppauge Probate
      • Long Island Probate
    • Probate Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Communities We Serve
    • Nassau County
      • Garden City
      • Lynbrook
      • Malverne
      • Rockville Centre
    • Suffolk County
      • Commack
      • Dix Hills
      • Hauppauge
      • Nesconset
      • Smithtown
    • Westchester County
      • Harrison
      • Mamaroneck
      • Rye Brook
      • White Plains
  • Webinars
  • BLOG
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
Home » Probate » Who Administers an Estate If There Is No Will?

Who Administers an Estate If There Is No Will?

July 30, 2019 by Anthony Moccia

Harrison probate attorneysOne of the most persuasive reasons to execute a Last Will and Testament is to ensure that your assets are distributed according to your wishes after you are gone. Another, equally important, reason to leave behind a Will, however, is to ensure that you choose who will administer your estate. To help convince you why this is important, the Harrison probate attorneys at the Law Offices of Kobrick & Moccia explain who administers an estate if there is no Will.

Understanding Probate

Over the course of a lifetime, almost everyone acquires assets that become part of their estate at the time of death. Some people amass a huge estate that includes complex and valuable assets while other people own little more than their personal possessions at the time of death. Regardless of the size and value of assets owned by a decedent, those assets must be identified, valued, and passed down to the new owners. That is the primary purpose of the legal process known as probate. Before those assets are passed down, however, there are a number of steps that must occur during the probate process. The law requires someone to be in charge of overseeing the probate of an estate. If a decedent left behind a valid Will, the person appointed to be the Executor in that Will is in charge of administering the estate. If the decedent died intestate, or without a Will, the court must appoint a Administrator to oversee the probate of the estate.

What Are Some of the Steps Involved in Probating an Estate?

The person who is responsible for administering your estate has a number of duties and responsibilities during the probate process. Among the most important steps involved in probating an estate are:

  • Identifying and protecting the estate assets. The first thing any Executor/Administrator must do is to locate all relevant estate planning documents which may include a Will, trust agreement, life insurance policies, and/or Letter of Instruction among others. These documents should provide information regarding the estate assets which must all be identified and secured at the beginning of the probate process.
  • Litigating any claims. Disputes are far from uncommon during the probate of an estate. If a beneficiary or heir questions the validity of the Will submitted for probate a Will contest might be initiated. The Executor/Administrator is required to defend the Will throughout the ensuing litigation.
  • Calculating and paying taxes. Every estate is potentially subject to federal (and sometimes state) gift and estate taxes. The Executor/Administrator is responsible for determining if the estate owes estate taxes and, if it does, the tax must be paid out of estate assets. An error in the calculations used on the estate tax return could be devastating to the overall probate of the estate.
  • Distributing estate assets. The Executor/Administrator is responsible for preparing any legal documents necessary to effectuate the transfer of the remaining assets to the intended beneficiaries and/or heirs of the estate.

Who Will Be Appointed As Your Administrator?

When a decedent failed to leave behind instructions, in the form of a Will, regarding who should administer his/her estate, a judge must appoint someone. The judge will look first to a spouse if you were married. If you were not married, other family members will be considered. If no one accepts the appointment, or the court cannot locate any immediate family members, the judge may be forced to appoint a local attorney to administer your estate. By failing to leave behind a Will, you lose the right to choose who will administer your estate. You also leave open the possibility that the court will appoint someone you would never choose as your Administrator. By failing to leave behind even a basic Last Will and Testament, however, you effectively relinquished your right to any input on the matter.

Contact Harrison Probate Attorneys

Please feel free to download our FREE estate planning worksheet. If you have additional questions or concerns about administering an intestate estate, contact the Harrison probate attorneys at the Law Offices of Kobrick & Moccia by calling 800-295-1917 to schedule your appointment.

  • Author
  • Recent Posts
Anthony Moccia
Anthony Moccia
Anthony Moccia is an attorney and partner at The Law Offices of Kobrick & Moccia.His practice focuses on estate planning and elder law.He is a member of the New York State and Nassau County Bar Associations.He frequently presents free seminars on wills & living trusts to area residents and his seminars are said to be “informative, entertaining & easy to understand.”
Anthony Moccia
Latest posts by Anthony Moccia (see all)
  • “Last Will and Testament” Origin - April 1, 2021
  • Do I Need a “Durable” Power of Attorney? - April 2, 2020
  • Joint Tenancy Pros and Cons - March 31, 2020

Filed Under: Probate

Other Articles You May Find Useful

Hauppauge probate attorneys
What Happens If an Estate Lacks Sufficient Assets to Pay All Claims
Harrison probate attorneys
5 Reasons You Need an Attorney to Help You Probate an Estate
probate not necessary in New York
When Is Probate Not Necessary in New York?
Harrison probate lawyers
Probate Steps for the New Executor
Manson estate
Battle Over Control of Manson Estate Narrowed to Two
probate lawyers
Is Formal Probate Required in New York?

Primary Sidebar

Law Offices of Kobrick and Moccia

Download our free estate planning worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

GARDEN CITY

1305 Franklin Avenue Suite 170
Garden City, NY 11530
United States (US)
Phone: (516) 248-9500
Fax: (516) 248-7606

HAUPPAUGE

150 Motor Parkway Suite 401 (Regus)
Hauppauge, NY 11788
United States (US)
Phone: (631) 941-3400
Fax: (516) 248-7606

HARRISON

600 Mamaroneck Avenue, 4th Floor
Harrison, NY 10528
United States (US)
Phone: (914) 701-0777
Fax: (516) 248-7606

MAP

kobrick_sidbr_map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Footer

footer-logo
  • Facebook
  • LinkedIn
  • Twitter

The information on this Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Kobrick and Moccia, Attorneys at Law. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

Law Offices of Kobrick and Moccia
Attorney Advertisement
© 2023 American Academy of Estate Planning Attorneys, Inc.