Page 34 - Forrester Maher FH
P. 34
with your attorney and provide the Presuming the administration or probate
information and documents listed above. petition is accepted, the executor or
Your attorney will prepare the petition administrator will receive their letters
for probate or administration. Filing fees testamentary from the Surrogate’s Court.
are paid on a sliding scale depending on Original certificates will be required for
the size of the estate. a variety of purposes, and so we advise
our clients to obtain several extra copies.
Under New York State law, certain people The executor will need these certificates
are entitled to notice of the probate or in order to transfer title to any assets (i.e.
administration of the estate - namely funds in bank accounts, sell real estate),
the beneficiaries, fiduciaries, and “heirs and to open the estate bank account.
at law” of the decedent. The probate or
administration process will be substantially TIP: If you are the fiduciary of a loved
simplified if these individuals consent to one’s estate, check the office of
the relief requested in the probate or unclaimed funds via the New York State
administration petition, and waive the Comptroller’s website to see whether the
issuance of formal process. This will be decedent is entitled to any “unclaimed
the case where there are no objections to funds”.
the appointment of the name fiduciary or
applicant, and there are no objections to Once the executor or administrator has
the disposition of assets provided for in located and gathered all of the assets
the will. If the persons entitled to notice of the decedent, they will manage the
do not consent to the relief requested in funds in a prudent manner, pay off the
the petition and waive the issuance of decedent’s debts and distribute the
formal process, then the Court will issue a funds as per the terms of the decedent’s
“citation” to appear in Court on a certain will, or else as per the laws of intestacy of
day, and each non- consenting person the State of New York.
must be formally served in accordance
with New York State law.
Page 34 - Forrester Maher Funeral Home
