Sidney, NY Estate Planning Law Firms & Lawyers

Hello: I am an Attorney in New York. The named executor in the Will can petition the court to probate the Will to represent the estate to gain access to the premises of the decedent. When there is a need to act fast, the executor can request preliminary letters testamentary. An executor named in the Will may file with the court a written request for issuance of preliminary letters testamentary. One reason is to obtain access to the premises of the decedent to preserve and inventory assets. At the same time, if the decedent had been living with someone at the time of death, that person has a right to stay on the premises as a tenant that is entitled to proper notice to vacate the premises according to the landlord-tenant laws. If the tenant is refusing access, there may be a need to request judicial intervention to get a court order for entry.

Yes, creditors can collect from your estate. A will must be submitted to the court for a probate procedure, or else it does nothing at all. It is best to use a lawyer, as there are many steps, many potential traps, and a huge learning-curve. The expenses of probate are charged to the estate.