This is a Part 130 Certification form, which may used whether or not there were children born of the marriage. This is a confirmation to the Court that the divorce filing is not a frivolous lawsuit.
The Part 130 certification form in surrogate court is a crucial legal document that is used in probate cases to authorize the reimbursement of attorney fees from an estate. This certification form is specifically utilized in surrogate court proceedings, where the court oversees the administration of estates, wills, and trusts. When someone passes away, their assets, including property, money, and personal belongings, are collectively called their estate. The administration of an estate involves settling any outstanding debts and distributing the remaining assets to the rightful beneficiaries or heirs. However, this process can be complex and often requires the assistance of an attorney to navigate the legal requirements and obligations. The Part 130 certification form allows the attorney involved in the probate case to request compensation for their services. This form certifies that the attorney has provided legal representation and guidance in the surrogate court proceeding on behalf of a client or an estate. It enables the attorney to seek reimbursement for their services from the estate's assets. This certification form is designed to ensure transparency and fairness in determining the amount of compensation. It details the legal services performed by the attorney, including the tasks completed, time spent on the case, and the hourly rate charged. It is essential for the attorney to provide an accurate and detailed account of their services to support their request for reimbursement. There are different types of Part 130 certification forms specific to various surrogate court proceedings. Some common examples include: 1. Part 130 Certification for Estate Administration: This form is used when an attorney represents the executor or administrator of an estate during the probate process. It outlines the legal services provided in managing and distributing the estate according to the deceased person's wishes or the applicable laws. 2. Part 130 Certification for Will Contest: In situations where the validity of a will is being disputed, an attorney may file this form to seek compensation for their representation in court. It specifies the legal actions taken to challenge or defend the validity of the will and protect the interests of their client. 3. Part 130 Certification for Trust Administration: When a trust is created as part of estate planning, an attorney may be involved in overseeing the administration and distribution of trust assets. This certification form outlines the legal services rendered in managing the trust and ensuring compliance with the specified terms and conditions. In conclusion, the Part 130 certification form is a crucial legal document used in surrogate court proceedings to request attorney fee reimbursement from an estate. By accurately documenting the legal services provided, it promotes transparency and fair compensation for attorneys involved in probate cases.
