Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in New York for advice on your specific situation.
Detailed Answer
When a person passes away in New York, the executor or administrator must gather key documents and certificates to open a probate case in Surrogate’s Court. New York’s Surrogate’s Court Procedure Act (SCPA) lays out requirements for estate administration. Below is a breakdown of the core materials you’ll need:
1. Petition for Probate or Administration
• If there is a valid will, file a Petition for Probate under SCPA Article 3.
• If there is no will, file for Letters of Administration under SCPA Article 4.
2. Original Will and Codicils
- Submit the decedent’s signed original will and any codicils.
3. Certified Death Certificate
- Obtain at least five certified copies from the New York State Department of Health: Order Online or by Mail.
4. Family and Heirship Information
- List all heirs and next of kin, including names, addresses, and relationships.
5. Bond (if required)
- Some estates require a fiduciary bond. Waivers from beneficiaries may eliminate this requirement (SCPA § 711).
6. Inventory and Appraisal of Assets
- Prepare an inventory under SCPA § 1015.
- Include real property deeds, vehicle titles, bank and brokerage statements, retirement accounts, life insurance policies, and business interests.
7. Tax Documents
- Last individual federal and state income-tax returns.
- Estate tax filings if the gross estate exceeds federal or New York thresholds.
8. Corporate or Partnership Agreements
- If the decedent held a stake in an LLC or partnership, include operating agreements or partnership agreements to clarify transfer provisions.
Filing these materials with the Surrogate’s Court in the county where the decedent resided triggers formal estate administration. Once accepted, the court issues Letters Testamentary (with a will) or Letters of Administration (without a will), authorizing the personal representative to handle estate affairs.
Helpful Hints
- Order multiple certified death certificates. Financial institutions often require their own certified copy.
- Verify the legal name of the decedent on all documents matches exactly across records.
- Maintain a secure file, either physical or digital, to track all estate-related paperwork.
- Review statutory deadlines for creditor notices under SCPA § 1802 to avoid disallowance of claims.
- Consider hiring a professional appraiser for significant real estate or business valuations.