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