In New York State, the Surrogate's Court maintains jurisdiction over all actions and proceedings relating to the affairs of decedents.
This includes the probate of wills ( testate) and the administration of estates (intestate), small estates, ancillary proceedings, disputed claims, discovery proceedings, accountings, compromise and settlement of wrongful death actions, guardianships of the person and property of an infant and SCPA Article 17A ...
The Surrogate's Court hears cases involving the affairs of decedents, including the probate of wills and the administration of estates. It also handles adoptions.
Generally, Letters of Administration are documents issued by the New York Surrogate's Court authorizing a person (called 'Administrator') to manage or distribute the property of a deceased person who died intestate (without making a Will).
By signing a waiver of process consent to probate form, you are essentially letting the court know that you have no issues with the will and you are waiving/forfeiting your right to challenge the will and the appointment of the nominated executor.
The Court generally handles felony cases (in which a sentence of imprisonment in excess of one year may be imposed). The County Court also has limited jurisdiction in civil cases involving amounts up to $25,000.
The Surrogate's Court hears cases involving the affairs of decedents, including the probate of wills and the administration of estates. It also handles adoptions.
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.
Here's what you need to know about assets that are typically exempt from probate in New York: Jointly Owned Property. Payable-on-Death and Transfer-on-Death Accounts. Retirement Accounts. Life Insurance Policies. Trust Assets. Small Estates.
Avoiding Probate in New York Living Trusts. Joint Ownership With Right of Survivorship. Payable-on-Death Designations for Bank Accounts. Transfer-on-Death Registration for Securities. Transfer-on-Death Deeds for Real Estate. Transfer-on-Death Registration for Vehicles. Simplified Probate Procedures.