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Court. If you are the nominated executor, or be formally served in accordance with New
a person eligible to serve as administrator, York State law.
you should consult with your attorney and
provide the information and documents Presuming the administration or probate
listed above. Your attorney will prepare the petition is accepted, the executor or
petition for probate or administration. Filing administrator will receive their letters
fees are paid on a sliding scale depending testamentary from the Surrogate’s Court.
on the size of the estate. Original certificates will be required for a
variety of purposes, and so we advise our
Under New York State law, certain people clients to obtain several extra copies. The
are entitled to notice of the probate or executor will need these certificates in order
administration of the estate - namely the to transfer title to any assets (i.e. funds in
beneficiaries, fiduciaries, and “heirs at bank accounts, sell real estate), and to open
law” of the decedent. The probate or the estate bank account.
administration process will be substantially
simplified if these individuals consent Once the executor or administrator has
to the relief requested in the probate or located and gathered all of the assets of
administration petition, and waive the the decedent, they will manage the funds
issuance of formal process. This will be in a prudent manner, pay off the decedent’s
the case where there are no objections to debts and distribute the funds as per the
the appointment of the name fiduciary or terms of the decedent’s will, or else as per
applicant, and there are no objections to the laws of intestacy of the State of New
the disposition of assets provided for in York.
the will. If the persons entitled to notice
do not consent to the relief requested For purposes of brevity, we have
in the petition and waive the issuance of substantially simplified the description of
formal process, then the Court will issue a the probate or administration process.
“citation” to appear in Court on a certain The proceedings can be lengthy, and may
day, and each non- consenting person must involved hard-fought litigation, especially in
Brueggemann Funeral Home of East Northport, Inc. - Page 13
