Probate : Formal & Summary Administration

There are two main types of Probate in New York: Formal Administration and Summary Administration.

Summary Administration

Summary Administration, as its name indicates, is a less time consuming and expensive, but in order to qualify for Summary Administration, the deceased’s estate must be less than $75,000.00 or the death occurred more than two years before the probate begins. There are some exceptions to this rule, which is why it is important to consult with an experienced New York Probate Attorney.

This process could take several months to complete, but is still shorter than Formal Administration, which could potentially take years to complete.

Formal Administration

The other type of New York Probate is called Formal Administration. During Formal Administration, the Estate will go through the entire New York Probate process, including the designation of a personal representative of the estate, who may have to perform such duties as filing Letters of Administration, Letters to Creditors, the distribution of assets, the payment of debts and taxes, and more under the supervision of the Court.

The probate of each estate is different, and these tasks may or may not need to be performed at the discretion of the Court.

There is also a type of probate called “Disposition of Personal Property without Administration,” but this occurs only in rare cases.