After someone dies, attention often turns quickly to what happens to their property. Who receives the house? When will beneficiaries receive their inheritance? How long will everything take?
In New York, the answers depend on the estate and how the person’s assets are owned. Some estates require a proceeding in Surrogate’s Court, and there may be a number of other responsibilities to address before property can be distributed.
Understanding what may happen along the way can help families know what to expect and why settling an estate isn’t always a quick process.
Probate and Estate Administration Aren’t Quite the Same Thing
In New York, the type of estate proceeding that may be needed depends in part on whether the person left a valid will.
When someone dies with a will, a probate proceeding may be used to have the will admitted by Surrogate’s Court. As part of that process, the court determines whether the will is valid and, if appropriate, appoints the executor named in it.
When someone dies without a will, an administration proceeding may instead be necessary. The court appoints an administrator, and New York law determines how estate property is distributed.
There are exceptions and other types of proceedings depending on the estate, but in either case, receiving authority to act for the estate is only the beginning of the work involved.
The Executor Can’t Simply Start Handing Out Property
A will may say who should receive certain property, but that doesn’t necessarily mean those assets can be distributed immediately after death.
The executor has responsibilities to the estate. Assets may need to be identified, collected, valued, and protected. Bills, taxes, estate expenses, and creditor claims may also need to be addressed before the remaining property can be distributed to beneficiaries.
That can sometimes be frustrating for family members who know what the will says and are waiting for an inheritance. But the executor’s responsibility isn’t simply to distribute property as quickly as possible. It’s to administer the estate properly.
Some Assets May Not Be Part of the Estate Proceeding
Another source of confusion can be why some property is handled through the estate while other assets seem to transfer more quickly.
Not everything a person owns necessarily passes through a will. Property owned jointly with another person or accounts with designated beneficiaries may pass outside the probate estate, depending on how the asset is titled and the particular arrangement involved.
That means two beneficiaries could have very different experiences after the same person’s death. One might receive an asset directly, while another is waiting for property that must first go through estate administration.
Understanding how assets are owned and how they transfer can help explain why everything doesn’t happen on the same timeline.
There May Be More Work Happening Than Beneficiaries See
Estate administration can sometimes appear quiet from the outside.
A beneficiary may go several weeks without receiving a distribution or seeing an obvious change.
Meanwhile, the executor may be gathering account information, communicating with financial institutions, dealing with property, working through court requirements, addressing expenses, or waiting for information from someone else.
There can also be delays that aren’t entirely within the executor’s control. Missing information, questions about assets, disagreements among interested parties, or other complications can add time to the process.
A lack of visible activity doesn’t necessarily mean nothing is happening.
Executors Have Responsibilities to the Estate
Serving as executor isn’t simply a matter of following instructions in a will. An executor is a fiduciary and has a legal duty to act faithfully on behalf of the estate.
Among other responsibilities, a fiduciary may need to collect and inventory estate assets, pay appropriate bills and expenses, address taxes and creditors, protect estate property, and ultimately transfer property according to the will.
That responsibility is one reason an executor may need to move carefully rather than simply agreeing to requests from individual beneficiaries.
The executor may also be balancing competing concerns. Beneficiaries understandably want information and distributions, while the executor has to make sure the estate’s obligations are properly addressed.
How Long Does Estate Administration Take?
There isn’t one timeline that applies to every New York estate.
The amount and type of property involved can make a difference. So can the number of beneficiaries, the existence of real estate or business interests, questions about debts or taxes, difficulty locating information, and disagreements involving the estate.
A relatively straightforward estate and an estate involving complicated assets or disputes shouldn’t be expected to move at exactly the same pace.
Rather than focusing on a particular number of months, it can be more useful to understand what still needs to be completed before the estate is ready for final distributions and closing.
Communication Can Make the Process Easier
Beneficiaries don’t need to be involved in every administrative task, but reasonable communication can make a significant difference.
Knowing that paperwork has been filed, an asset is being addressed, or the estate is waiting on a particular step can be reassuring even when there isn’t a major update to report.
The same is true for executors. Questions from beneficiaries are understandable, but having realistic expectations about the work involved can reduce some of the pressure surrounding a process that already comes at a difficult time for a family.
Knowing What to Expect Can Help
Estate administration isn’t simply the period between a person’s death and the distribution of an inheritance. It’s the process of identifying what the person owned, addressing the estate’s responsibilities, following the appropriate legal procedures, and ultimately transferring property to the people entitled to receive it.
If you’re responsible for administering an estate in New York or have questions about what the process may involve, Roth Elder Law can help. Call our office at 607-962-6162 or reach out through our website to discuss the estate and the steps that may be required.