QUESTION

Do I need to file Letters of Administration?

Asked on Jun 23rd, 2016 on Estate Planning - New York
More details to this question:
My husband passed away and has no property or will. I've closed his bank accounts (no problem accessing bank & retirement accts), but have 2 checks (one paycheck, 1 apartment deposit) made payable to him. Do I need to file for Administration and then set up estate account for 2 checks? Can I just tear them up. It would be less hassle & emotional strife than complicated court proceedings for 2 checks.
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1 ANSWER

Trusts and Estates Attorney serving Huntington, NY at Novick & Associates, P.C.
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Your situation seems like it can be resolved with Small Estate proceeding.  After doing this relatively simple DIY step with the Court, I would ask that they issue a new check in the Estate's name.  You will have the authority to deposit the check as the Voluntary Administrator. Here are some information from the Court's website. The small estate administration is a simplified court procedure available if the person who died did not have many assets. You can ask the Surrogate's Court to let you divide and give away their property to people who have a legal right to inherit.  To do this you need to file a form called an "Affidavit of Voluntary Administration," also known as the "small estate affidavit."  This free program will help you create the affidavit that you will need to file in Surrogate's Court.  https://www.nycourts.gov/courthelp/DIY/smallEstate.shtml
Answered on Jun 27th, 2016 at 2:09 PM

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