Legal Question in Wills and Trusts in New York
No will made
Deceased left no will. How would the surviving family get access to bank account to take care of funeral and medical bills?
3 Answers from Attorneys
Re: No will made
When a person dies intestate (w/o a will), an interested person (usually the next of kin) will go to the Surrogate Court (in the County where the decedent lived) and asked to be appointed Administrator of the decedent's estate.
The Administrator will then be able to take care of the administration of the decedent's estate including the disposition of assets. The laws of NY set forth how assets are to be distributed when there is no will (for example, how assets are distributed if the decedent is married w/ children, married w/o children, unmarried w/ surviving parents, etc.)
Re: No will made
Speak to a bank officer as to what they need. If account was held jointly the other party is entitled to proceeds. Otherwise, court order may be necessary.
Re: No will made
In the absence of a will, the estate must be administered. Assets are distributed according to a statutory formula.
If you require help, please feel free to contact me.
Daniel Clement
212 683-9551
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