What happens to a person's property when they die?

In New York State, when someone dies, the Surrogate's Court decides what happens to their property. The judge in this court is called the Surrogate.

The person who died is called the Decedent, and their property is called the estate. There are two situations when someone dies:

1. Testate: If the person left a will before they died, they died testate.
2. Intestate: If the person didn't leave a will before they died, they died intestate.

Three types of estate cases in Surrogate's Court

Small estate (voluntary administration): If the person who died had less than $50,000 worth of personal property (things like cash, bank accounts, cars, etc.), a small estate can be filed. It's a simpler and cheaper way of dividing the person's estate, whether there was a will or not.

Probate: When a person dies with a will, the court case is called probate. The property gets divided based on what the will says.

Administration: If a person dies without a will, the court case is called administration. The property gets divided based on what the law says.

Important note

The Surrogate's Court process can be complicated. It's a good idea to get legal help from a lawyer who knows about estate law. This makes sure the dead person's wishes are followed correctly and their property gets divided the right way.