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provide the information and documents listed above. Your attorney will prepare the petition for probate or administration. Filing fees are paid on a sliding scale depending on the size of the estate.
Under New York State law, certain people are entitled to notice of the probate or administration of the estate - namely the beneficiaries, fiduciaries, and “heirs at law” of the decedent. The probate or administration process will be substantially simplified if these individuals consent to the relief requested in the probate or administration petition, and waive the issuance of formal process. This will be the case where there are no objections to the appointment of the name fiduciary or applicant, and there are no objections to the disposition of assets provided for in the will. If the persons entitled to notice do not consent to the relief requested in the petition and waive the issuance of formal process, then the Court will issue a “citation” to appear in Court on a certain day, and each non- consenting person must be formally served in accordance with New York State law.
Presuming the administration or probate petition is accepted, the executor or administrator will receive their letters testamentary from the Surrogate’s Court. Original certificates will be required for
a variety of purposes, and so we advise our clients to obtain several extra copies. The executor will need these certificates in order to transfer title to any assets (i.e. funds in bank accounts, sell real estate), and to open the estate bank account.
TIP: If you are the fiduciary of a loved one’s estate, check the office of unclaimed funds via the New York State Comptroller’s website to see whether the decedent is entitled to any “unclaimed funds”.
Once the executor or administrator has located and gathered all of the assets of the decedent, they will manage the funds in a prudent manner, pay off the decedent’s debts and distribute the funds as per the terms of the decedent’s will, or else as per the laws of intestacy of the State of New York.
For purposes of brevity, we have substantially simplified the description of the probate or administration process. The proceedings can be lengthy, and may involved hard-fought litigation, especially in the case of distant heirs, or family disputes. There are many subtle nuances to each situation, and so it is advisable to meet with an experienced attorney to discuss the best way to proceed, and to guide you in your decision making process.
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