Verified Complaint Form For Probate In Nassau
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FAQ
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
You or someone else may start your case by filling out a court form. You may file by mail if you have a small claims case in Western Suffolk County or if you live outside New York City and you want to sue a party within New York City. The form describes your claim to the Court.
A summons with notice is a type of summons. The summons with notice is not served with the complaint. It contains all of the information described above for the summons, plus a brief description of the type of case and the relief the plaintiff is asking the court to grant.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
Only an estate valued over $50,000 must be probated when there is a will. The court has a “small estate proceeding” when the estate is below $50,000.
While the probate process in New York typically takes between 9-18 months, it can take longer or shorter depending on a variety of factors. It's important to work closely with a probate attorney who can guide you through the process and help ensure that it is completed as efficiently as possible.
You can find out at the county clerk's office where the executor filed the paperwork. Once you know where the probate is, search that county's . gov website for the deceased person's name. You can also get access to information related to the Will if it has gone through the probate process and become public record.
Getting started with probate in New York New York does not have a deadline for this, as other states do, but it is helpful to take this action as soon as possible to begin the process, especially if you will be going through full probate.
