My mother who lives out of state passed away without a will. Do I have to be in that state to handle the probate process?

You should first consult over the phone with a highly qualified New York probate attorney to find out how you should proceed in this matter. Be ready to ask how New York probate law divides up property between surviving relatives when a family member dies intestate (without a Will).

At some later time, you’ll probably need to go to New York to view the various items in your mother’s estate. Your attorney can guide you as to which possessions may have to be sold to pay debts of the estate (if any) and which ones can be passed on to various family members. In the state of New York, most probate matters are handled in what’s called the Surrogate’s Court. Other estate matters and adoptions are also handled in that court.