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