New York Affidavit by an Attorney-in-Fact in the Capacity of an Executor of an Estate
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How to fill out Affidavit By An Attorney-in-Fact In The Capacity Of An Executor Of An Estate?
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FAQ
The affidavit identifies each possible ?distributee? of the estate, and describes their relationship to the decedent. The affidavit must be signed by a disinterested person, meaning someone who has no financial interest in the estate's assets.
Section 207.4 Papers filed in court; clerk's file number; official forms. (a) Unless otherwise specified by the court, attorneys, as well as parties appearing without attorneys, shall prepare and submit all papers, pleadings, orders and decrees to be acted upon by the Surrogate.
Under Article 13 of the SCPA, small estate petitions can only be opened to administer personal property such as bank accounts.
Filing for a Small Estate If the Decedent didn't have a Will, then there is a rule for who can file the small estate affidavit. In general, the person who is the closest distributee to the Decedent files for administration. See When There Is No Will. The filing fee is $1.00.
The affidavit, officially known as the ?Affidavit in Relation to Settlement of Estate Under Article 13,? appoints a voluntary administrator to collect a decedent's property, resolve estate debts and expenses, and distribute the estate among distributees and beneficiaries.
