What happens to a person's property when they die?

In New York State, when someone passes away, the Surrogate's Court is responsible for deciding what happens to their property. The judge in this court is called the Surrogate.

The person who died is known as the Decedent, and their property is called the estate. There are two situations when someone passes away:

1. Testate: If the person left a Will before they died, they died testate.
2. Intestate: If the person didn't leave a Will before they died, they died intestate.

There are three types of estate proceedings in Surrogate's Court:

1. Small Estate (Voluntary Administration): If the Decedent had less than $50,000 worth of personal property (things like cash, bank accounts, cars, etc.), a small estate can be filed. It's a simpler and cheaper way of dividing the Decedent's estate, regardless of whether there was a Will or not.

2. Probate: When a person dies with a Will, the proceeding filed is called probate, and the property is divided according to the instructions in the Will.

3. Administration: If a person dies without a Will, the proceeding filed is called administration, and the property is divided according to the law.

It's important to remember that the Surrogate's Court process can be complex, and seeking legal advice from an attorney who specializes in estate law is advisable to ensure the deceased's wishes are properly fulfilled and their estate is distributed correctly.