QUESTION
I'm executor & sole beneficiary of a small estate. How do I answer questions about relatives that the decedent had but I don't have info on?
Asked on Jan 15th, 2018 on Wills and Probate - New York
More details to this question:
My friend died a couple of weeks ago and I located his will. I also have the death certificates. From what I read, filing a Small Estate Affidavit or opening Probate requires information on his relatives that I don't have. He was estranged from his family and I don't even have names, let alone addresses, dates of death, etc. I also don't see any sense in opening an estate bank account since the funeral director is charging more than what's in his checking account. He had no debts or other assets. I want to do this correctly. Thank you for any suggestions.
2 ANSWERS
1 Award
As you are not the next of kin, you are going to have to go out as far as first cousins. If the funeral was more than the estate, in all honesty, just forget it. There is too much work here.
Answered on Jan 19th, 2018 at 7:39 PM
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
The Surrogate's Court in the county where your friend resided at the time he died should be able to help you with forms and checklists, which are usually found on the court websites and have very specific instructions. However, when it comes to satisfying the due diligence requirements for searching for relatives who need to be notified about probate and listed on your petition, you may need to hire an attorney. In New York, the rules are found in the Estates and Powers Law and Surrogates Court Procedures Act, but the specific requirements for exactly what needs to be submitted in order to receive letters testamentary appointing you legal representative of your friend's estate are not always found in the statutes.
Answered on Jan 17th, 2018 at 6:54 AM