Probate is the only legal way to transfer the assets of someone who has died. Without probate, titled assets like homes and cars remain in the deceased's name indefinitely. You won't be able to sell them or keep registrations current because you won't have access to the individual's signature and consent.
In some states, there is a time limit to applying for probate (for example, the filing of all the necessary paperwork must begin ten days after the date of death). However, if you're in New York, there's no designated timeline for filing a request to validate the will with the probate court.
Steps to Become a Personal Representative of an Estate Understand Your Priority for Appointment. Determine the Proper Probate Court. Research the County's Filing Requirements. File the Petition for Administration. Notice of Petition to Administer Estate. File a Bond. Attend the Probate Hearing.
In New York, only estates valued higher than $50,000 need to pass through formal, full probate.
In New York, there is no time limit on when probate can begin after someone dies, but the decedent's assets cannot be transferred until probate is complete. The probate process varies depending on whether the deceased person, the decedent, had a will.
How do you get letters of administration? Gather important documents such as the original death certificate, proof of all financial accounts and investments, copies of insurance policies, property titles, and any creditor statements. File an application with the probate court to be appointed administrator.
This could be done by mail by filling out this form, online at the Department of Health, or in-person by visiting 125 Worth Street, New York, New York. The City of New York charges $15 per certified copy. They require proper identification.
Each state has its own set of laws governing the probate process. For example, in California, probate must be filed within 30 days of discovering the will, while in Texas, executors have up to four years to file.