Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in New York for advice regarding your situation.
Detailed Answer
When someone dies in New York, an interested party—such as an executor named in the will, a beneficiary, or an heir—must open probate in Surrogate’s Court to administer the decedent’s estate. Below are the key steps under New York law:
1. Determine Proper Court and Venue
Filing must occur in the county where the decedent resided at death or owned real property. See SCPA § 1301 for venue rules.
2. Gather Required Documents
- Original certified death certificate.
- Original will (if one exists).
- List of heirs and beneficiaries with addresses.
- Proposed executor or administrator name and contact details.
- Estimated value of estate assets.
3. Prepare and File the Petition
Use Surrogate’s Court Petition Form PC-1 to request probate of the will or administration of the estate. The petition must detail the decedent’s personal information, list beneficiaries or heirs, and estimate the estate’s gross value. File the petition, will, and death certificate with the Surrogate’s Court clerk and pay the filing fee. See SCPA § 1310 for petition requirements.
4. Swear Executor or Administrator In
The court will schedule an appearance for the proposed fiduciary to take an oath and, if required, post a bond. Upon approval, the court issues letters testamentary (with a will) or letters of administration (without a will). See SCPA § 1312.
5. Notify Creditors and Interested Parties
Publish a notice to creditors in a local newspaper and serve notice on all distributees as mandated by SCPA § 308 and SCPA § 315. This step limits creditor claims and protects the fiduciary.
6. Administer the Estate
The fiduciary must collect and safeguard assets, pay valid debts and taxes, file inventories and accountings with the court, and distribute remaining assets per the will or New York’s intestacy rules at EPTL § 4-1.1. Final account approval closes the estate.
Helpful Hints
- Confirm all copies (death certificate, will) are certified by the issuing authority.
- Use the court’s e-filing system where available to speed processing.
- Keep detailed records of all estate transactions to prepare accurate accountings.
- Adhere to publication deadlines to avoid personal liability for missed creditor claims.
- Consider an attorney’s help if the estate involves complex assets or contested issues.