How to Submit a Claim A copy of the death certificate. Proof of Address or Ownership connecting the owner to the address or funds. Letters of Authority (Testamentary/Administration) issued by the court certifying your appointment, dated within the last six months, or a Small Estates Affidavit and Table of Heirs.
New York state law does not have a specific time limit for settling an estate. The time frame varies depending on the size of the estate and the complexity of the situation.
Submit your claim directly to the probate court and serve a copy on the personal representative. If you file a formal claim and the personal representative rejects it, you can file suit against the estate within three months of the rejection.
How long do most estates take to settle? It usually takes anywhere from 6-12 months for an executor to settle an estate, but there are other factors that can influence this, such as jurisdiction, probate time, executor's ability and experience, complexity of the estate, or challenges.
There is no requirement that you hire an attorney to take care of a probate proceeding on your behalf. If you feel comfortable doing so, you may handle a simple probate yourself.
In New York, creditors have a maximum of seven months to file claims against an estate. If you have questions related to this aspect of estate administration, Jules Haas is a seasoned New York City estate litigation attorney who may be able to assist you.
A New York Estate is Not a Legal Entity and Cannot Be Sued. After the death of an individual, the usual course is to proceed to have a fiduciary appointed to represent the decedent's estate.
Under New York law, home sellers are required to deliver a Property Condition Disclosure Statement to the buyers – or allow a $500 credit at closing. Both buyers and sellers need an attorney's help in determining how to respond to this law.