What Is "Probate in Common Form" in NY?
Detailed Answer Short answer: In New York, what many states call “probate in common form” most closely matches New York’s informal (uncontested) probate process in Surrogate’s Court. Informal probate lets a valid will be admitted and letters testamentary issued without a formal, adversary hearing when the proof of execution and the facts are straightforward and […]
Read article →Is probate administration required when there is no will in NY?
Do you need probate administration in New York when there is no will? Detailed Answer — When New York probate (administration) is required if there is no will Short answer: Often yes. If a person dies without a valid will (that is, intestate), probate administration — usually called an application for letters of administration in […]
Read article →How can I close an estate bank account and obtain the required closing statement in NY?
Closing an estate bank account and getting the required closing statement in NY This FAQ explains, in plain language, the common steps fiduciaries follow under New York law to close an estate bank account and obtain the closing statement or final accounting documents beneficiaries and courts expect. Detailed Answer — How to close an estate […]
Read article →How to Properly Document and File Receipts for Payments to Heirs or Service Providers in NY
Detailed Answer — How to document and file receipts for estate payments in New York When you are closing an estate or administering assets in New York, clear, accurate records of every payment to heirs or to service providers are essential. These records protect the personal representative (executor or administrator), the estate, and the beneficiaries. […]
Read article →What steps ensure third-party claims and payments are accurately recorded in probate filings (NY)
How to make sure third-party claims and payments are accurately recorded in New York probate filings This FAQ explains practical steps an executor or administrator should take in New York to record third-party claims and payments correctly in probate (Surrogate's Court) filings. It assumes no prior legal knowledge and focuses on recordkeeping, court filings, and […]
Read article →How can next of kin qualify to be appointed as the estate administrator? — NY
Disclaimer: This is general information only and not legal advice. Laws change and every case is different. Consult a New York probate/estate attorney or your local Surrogate's Court for advice about a particular estate. Detailed answer — How next of kin can qualify to be appointed estate administrator in New York When a person dies […]
Read article →What documents are required to apply for probate appointment and oath? — NY
Applying for Probate Appointment and Taking the Executor’s Oath in New York: What Documents You Need Short answer: To apply for probate (letters testamentary) in New York you generally must file the original will and any codicils, a certified death certificate, a probate petition (or probate intake forms used by the local Surrogate’s Court), the […]
Read article →Which statements and financial documents are required for annual and final probate accountings? — NY
Understanding the Statements and Financial Documents Required for Annual and Final Probate Accountings in New York Short answer: In New York, fiduciaries (executors, administrators, and trustees handling estate matters) generally must prepare a full accounting that shows everything that came into the estate, everything paid out, and what remains. A proper annual or final accounting […]
Read article →What steps can surviving heirs take to resolve an elective share dispute through mediation in NY?
Resolving an Elective Share Dispute Through Mediation in New York This FAQ-style guide explains practical steps heirs can take to resolve an elective share dispute through mediation under New York law. It assumes no prior legal knowledge and focuses on actions heirs can take right away. This is educational information only and not legal advice. […]
Read article →What steps can be taken to verify or contest a creditor’s payoff quote on an estate debt — NY
How to verify or contest a creditor’s payoff quote on an estate debt in NY Detailed Answer — what you need to know under New York law When someone dies, the decedent’s debts do not automatically disappear. The personal representative (executor or administrator) must identify valid creditor claims and pay them from estate assets before […]
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