My mother died in a nursing home with almost nothing. Do we still have to go to Surrogate's Court?

If her personal property was under $50,000 and she owned no real property in her sole name, the small estate proceeding may be all you need, and it costs $1. But if there is any possibility of a claim arising from her death, file a full administration or probate proceeding instead.

The nursing home will only release records to the executor, and nobody has been appointed.

That is a common and legitimate obstacle, and one of the better reasons to start early. A HIPAA authorization signed by the person before death, or by a personal representative after appointment, is generally what a facility requires.

Can several of us be appointed together?

Where several distributees have equal priority, the court may appoint one or more than one jointly. In practice it is usually simpler for one to serve while the others sign waivers, which does not affect anyone's inheritance.

Does a will avoid Surrogate's Court?

No. A will has no legal effect until a court admits it to probate. What avoids Surrogate's Court is holding assets so they pass outside the estate: jointly, in trust, or with a named living beneficiary.

How long do we have to open the estate?

There is no fixed deadline to probate a will or seek administration, and estates are sometimes opened years later. But every claim the estate might bring has its own deadline, and those run from the death or the injury, not from the appointment.

Someone has already taken money out of my father's account. Can that be undone?

Possibly. Surrogate's Court has a proceeding for discovering and recovering property belonging to an estate, and can compel a person to appear and be examined. Raise it early; the longer money has moved, the harder it is to trace.

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The Family Guide to Surrogate's Court: What Happens to an Estate After a Death in New York

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