Page 31 - O'Shea Funeral Guide
P. 31

A list of assets including:                              the  petition  and  waive  the  issuance
                                                                   of formal process, then the Court
          1. Real Estate                                           will  issue  a  “citation”  to  appear  in
          2. Bank and Brokerage Accounts                           Court on a certain day, and each non-
          3. Vehicles                                              consenting person must be formally
          4. Retirement Accounts                                   served in accordance with New York
          5. Annuities                                             State law.
          6. Insurance Policies
          7. Valuable Collections                                  Presuming the administration or
                                                                   probate petition is accepted, the
          The above documents and information                      executor or administrator will receive
          will assist your attorney in drafting the                their letters testamentary from the
          probate or administration petition for                   Surrogate’s Court. Original certificates
          your loved one’s estate. It is important                 will be required for a variety of
          to note that the IRS form 706 - the                      purposes, and so we advise our clients
          estate tax return - must be filed within                 to obtain several extra copies. The
          nine months of the death of the                          executor will need these certificates
          decedent (or within the six months                       in order to transfer title to any assets
          extension window if one is timely                        (i.e. funds in bank accounts, sell real
          applied for).                                            estate), and to open the estate bank
                                                                   account.
          The      probate      or     administration
          processes        are     formal      judicial            TIP: If you are the fiduciary of a
          proceedings which take place in the                      loved one’s estate, check the office
          decedent’s county’s Surrogate Court.                     of unclaimed funds via the New York
          If you are the nominated executor,                       State Comptroller’s website to see
          or  a  person  eligible  to  serve  as                   whether the decedent is entitled to
          administrator, you should consult                        any “unclaimed funds”.
          with your attorney and provide the
          information and documents listed                         Once the executor or administrator has
          above. Your attorney will prepare the                    located and gathered all of the assets
          petition for probate or administration.                  of the decedent, they will manage the
          Filing fees are paid on a sliding scale                  funds in a prudent manner, pay off
          depending on the size of the estate.                     the decedent’s debts and distribute
                                                                   the funds as per the terms of the
          Under New York State law, certain                        decedent’s will, or else as per the laws
          people are entitled to notice of the                     of intestacy of the State of New York.
          probate or administration of the estate
          - namely the beneficiaries, fiduciaries,                 For purposes of brevity, we have
          and “heirs at law” of the decedent.                      substantially simplified the description
          The probate or administration process                    of the probate or administration
          will be substantially simplified if                      process. The proceedings can be
          these  individuals  consent  to  the                     lengthy, and may involved hard-fought
          relief  requested in the probate or                      litigation, especially in the case of
          administration petition, and waive                       distant heirs, or family disputes. There
          the issuance of formal process. This                     are many subtle nuances to each
          will be the case where there are no                      situation,  and  so  it  is  advisable  to
          objections to the appointment of the                     meet with an experienced attorney to
          name fiduciary or applicant, and there                   discuss the best way to proceed, and
          are no objections to the disposition                     to guide you in your decision making
          of assets provided for in the will. If                   process.
          the persons entitled to notice do not
          consent to the relief requested in



                                                                                       O’Shea Funeral Homes - Page 31
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