Legal Question in Wills and Trusts in New York

Re: Estate procedure

First, the Executor is required to notify everyone involved of her appointment and information on the probate. She must also, in time, account to everyone participating in the estate, for all details of the estate administration. Second, the Will is, except in very unusual situations, a public document so anyone, named it or otherwise, can see it at the Surrogate's Office where it was probated. For a small fee a copy can be mailed to you. If you suspect anything is being mishandled, you can always petition through the Surrogate's Office for a formal accounting.

Re: Estate procedure

If you are a beneficiary designated in the will or a distributee (as defined by law), you should have received notice of the probate or a request to waive service of process, and in either such case, you should have received a copy of the will. If you did not receive a copy of the will, you should report this to the Surrogate because it constitutes a defect in the process. One last word. If the person has been appointed as executor, the will is on file with the Surrogate

Re: Estate procedure

If you are a beneficiary under the Will, you may petition the Court for an accounting. However, you must wait seven months from the date that the Executor was appointed. Your first step is to get a copy of the Will and verify that your are named as a beneficiary.