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Petition To Set Aside Estate Without Administration In Suffolk
Category:
State:
Multi-State
County:
Suffolk
Control #:
US-000297
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Word;
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FAQ
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.
In New York, if the estate has assets valued at $50,000 or more, probate may be required. This threshold is set by the Surrogate's Court in New York and applies to all assets held solely in the decedent's name.
In Florida, there is no small estate affidavit but Summary Administration can be used instead.
New York law allows estates below a certain asset threshold to go through a simplified form of probate. This way, people who have fewer resources will have access to a loved one's assets more quickly than waiting up to six months for their inheritances.
In such cases, individuals entitled under the intestacy rules can be appointed as the estate's administrator. To do so, they must apply for a 'Grant of Letters of Administration with the Will', granting them legal authority to manage the estate. However, their actions must align with the wishes outlined in the Will.
To qualify for a small estate affidavit in New York, the total value of the deceased person's estate must be $50,000 or less, excluding real property like land or buildings. If the decedent owned real estate, the small estate procedure isn't an option. Instead, a formal probate process may be required.
Summary administration is used if the value of the estate is $75,000 or less, or the decedent has been dead for more than 2 years. Summary administration is generally a more streamlined and less expensive procedure than formal administration. It can be conducted without an attorney.
Georgia Small Estate Affidavit Requirements A small estate affidavit can only be utilized by certain heirs, such as the following: The surviving spouse of the deceased person. The children of the deceased person on a pro-rated basis. Parents of the deceased person on a pro-rated basis.
Understanding the Affidavit of Heirship This document details the familial relationships, listing the names, addresses, and degrees of kinship of all potential heirs. It is often used in probate court to clarify the line of inheritance and facilitate the transfer of property and assets.