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3. Vehicles Under New York State law, certain people
4. Retirement Accounts are entitled to notice of the probate or
5. Annuities administration of the estate - namely
6. Insurance Policies the beneficiaries, fiduciaries, and “heirs
7. Valuable Collections at law” of the decedent. The probate or
administration process will be substantially
The above documents and information simplified if these individuals consent to
will assist your attorney in drafting the the relief requested in the probate or
probate or administration petition for administration petition, and waive the
your loved one’s estate. It is important to issuance of formal process. This will be
note that the IRS form 706 - the estate tax the case where there are no objections to
return - must be filed within nine months the appointment of the name fiduciary or
of the death of the decedent (or within applicant, and there are no objections to
the six months extension window if one the disposition of assets provided for in
is timely applied for). the will. If the persons entitled to notice
do not consent to the relief requested in
The probate or administration processes the petition and waive the issuance of
are formal judicial proceedings which formal process, then the Court will issue a
take place in the decedent’s county’s “citation” to appear in Court on a certain
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
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