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In the Matter of the Estate

In the Matter of the Estate 2025

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The document is an opinion and order from the New York Supreme Court, Appellate Division regarding the estate of Catherine K. Corcoran. The case involves an appeal by Eugene P. Corcoran challenging a Surrogate's Court decision that dismissed his petition against his sister Kathleen C. Delaney, who was appointed executor of their mother's estate. The court examined issues related to joint accounts and the presumption of survivorship under Banking Law § 675, ultimately reversing the dismissal for two specific accounts (Charles Schwab brokerage account and Trustco Bank account) and remanding for further proceedings.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Will banks release money without probate in California?

In California and most other states, bank accounts with named beneficiaries (POD accounts) do not go through probate. This makes them a simple and efficient estate planning tool for passing on financial assets.

What does it mean when something is part of an estate?

Estate definition: the total of an individuals assets less all debts, except for: jointly owned assets, pensions or life insurance policies that have a specific beneficiary, and gifts and legacies left to others in the individuals will.

What goes to the estate?

An estate refers to all of the possessions a person leaves behind when he or she dies, including liquid investments, real property, vehicles, personal belongings and even intangible assets such as social media accounts.

What is the estate of the deceased?

An individual who dies leaves assets, debts, or both that need to be managed by The Deceaseds executor. All assets left by The Deceased after his death are called the estate. This estate is administered by The Deceaseds legal representative and distributed to The Deceaseds entitled heirs, known as beneficiaries.

What happens if you dont file probate in CA?

Without initiating probate, the legal authority to access or transfer the deceaseds assets is lacking. This means that bank accounts, real estate, and other valuable assets cant be legally accessed or transferred to beneficiaries.

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How long do you have to file probate after death in California?

120-day deadline: A petition for probate must typically be filed within 120 days of the decedents passing. This step formally begins the probate process, allowing the court to appoint an executor or administrator to handle the estate.

Can you settle an estate without probate in California?

California law lets you use simpler summary succession procedures if the property is worth less than a set amount. These are faster, easier legal processes to transfer a persons property after they diewithout going through the full probate court process.

In the Matter of the Estate 2025

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