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  • Next Of Kin Affidavit New York 2020

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An affidavit of heirship is a document, sworn to under oath, that is submitted to the Surrogate's Court definitively identifying all of the people who may have a legal claim to inherit the decedent's assets or property.

Next of kin under New York law are, in the following order: Surviving spouse. Children. Grandchildren.

If there are no descendants and no spouse, the probate estate instead passes to the decedent's parents, equally, or all goes to the surviving parent. If no parents survive, the estate passes to the deceased person's siblings (or children of a deceased sibling). Half siblings count the same as whole siblings.

When someone in New York State dies with a small amount of money, the family may be able to avoid probate by using a “1310”, or small estate affidavit. This affidavit may be used by certain family members or the decedent's creditors to collect assets up to a certain value in the decedent's sole name.

The affidavit, officially known as the “Affidavit in Relation to Settlement of Estate Under Article 13,” appoints a voluntary administrator to collect a decedent's property, resolve estate debts and expenses, and distribute the estate among distributees and beneficiaries.

The New York State Surrogate's Court Procedure Act (Section 1310) allows the surviving spouse and certain relatives of a deceased person to collect a benefit without court administration. New York State Surrogate's Court Procedure Act (Section 1310) does not apply to every situation.

You can use this program if: If the decedent (the person who died) had $50,000 or less in personal property. If the decedent owned real property, he/she owned it jointly with someone else and you don't plan to sell the real estate.

After spouses and children, the next in the line of succession is grandparents, that is, the parents of the deceased. If one or both of the deceased's parents survives their death, and there is no spouse or kids, the parents inherit everything. The next of kin after grandparents are siblings.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232