Hello. My name is Damien. I am an attorney in New York City practicing in the New York City metropolitan area.
An estate proceeding is necessary to transfer real estate to heirs when the real estate is solely in the name of the decedent and there is not a will. If some of the heirs do not want the inheritance rights to the real property, they can renounce the right to the asset with a submission of a filing in court. When someone dies without a Will and owns real estate, one of the heirs has to petition the court to administer the estate in an estate proceeding. The court will issue letters of administration to the personal representative who would then become the administrator of an estate. At that time, the administrator can execute an administrator's (executor's) deed to transfer the property to the heirs who receive the inheritance. For filing a petition, it is could be possible to do an electronic filing on the court's website or possibly obtain a copy of the petition on the court's website and file the papers with the court. You do not need an attorney to file the papers although it would be helpful albeit with fees. If you need any assistance, a New York Trusts & Estates Attorney could help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com
Answered on Feb 16th, 2021 at 5:31 AM