A New York Affidavit by an Attorney-in-Fact in the Capacity of an Administrator of an Estate is a legal document that grants an individual, known as the attorney-in-fact, the authority to act on behalf of the deceased person's estate. This affidavit is commonly used when there is no will or when the executor named in the will is unable or unwilling to carry out the duties of administering the estate. The attorney-in-fact is typically appointed by the Surrogate's Court, which grants them the power and responsibility to handle the necessary administrative tasks of the estate. This includes gathering the deceased person's assets, paying off outstanding debts, filing necessary tax returns, distributing assets to beneficiaries, and any other duties required to settle the estate. Key elements commonly included in a New York Affidavit by an Attorney-in-Fact in the Capacity of an Administrator of an Estate may consist of the following: 1. Identification of the Attorney-in-Fact: The affidavit should clearly state the full legal name, address, and contact information of the attorney-in-fact who will be acting on behalf of the estate. 2. Identification of the Deceased: The affidavit should include the full legal name, date of death, and last known address of the deceased person. 3. Appointment and Acceptance: The affidavit must specify that the attorney-in-fact has been appointed by the Surrogate's Court as the administrator of the estate, and it should state that they accept the responsibilities associated with this role. 4. Authority: The affidavit should outline the specific powers and authority granted to the attorney-in-fact, such as the ability to handle bank accounts, sell property, settle claims, and make distributions to beneficiaries. 5. Inventory of Assets: The affidavit may require an inventory of the deceased person's assets, including bank accounts, real estate, personal property, investments, and any other relevant financial information. 6. Debts and Claims: The affidavit may request information about any outstanding debts or claims against the estate, which the attorney-in-fact must address and settle as part of the administration process. 7. Distribution of Assets: The affidavit should outline how the attorney-in-fact intends to distribute the deceased person's assets among the beneficiaries. This may include naming specific individuals or detailing the process for determining the distribution. In terms of different types of New York Affidavit by an Attorney-in-Fact in the Capacity of an Administrator of an Estate, they may vary based on the specific circumstances and requirements of the estate. For example, there could be distinctions related to estates with significant real estate holdings, large financial portfolios, or complex legal issues. However, these variations typically pertain to differences in asset management and administration rather than the fundamental structure of the affidavit.
New York Affidavit by an Attorney-in-Fact in the Capacity of an Administrator of an Estate
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How to fill out New York Affidavit By An Attorney-in-Fact In The Capacity Of An Administrator Of An Estate?
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FILING FEE: $1.00. Please make check or money order payable to the Surrogate's Court of whatever County you are filing in. WILL: If the decedent had a Will, the original Will must be filed with the affidavit.
If you live in NYC or the surrounding counties listed below, it is necessary that you personally appear in Court to file your Letters of Administration request. If you live outside of NYC, you have the option to call the Court or electronically file your Letters of Administration request.
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.
You can use this program if: If the decedent (the person who died) had $50,000 or less in personal property. If the decedent owned real property, he/she owned it jointly with someone else and you don't plan to sell the real estate.
The New York State Surrogate's Court Procedure Act (Section 1310) allows the surviving spouse and certain relatives of a deceased person to collect a benefit without court administration.
Under Article 13 of the SCPA, small estate petitions can only be opened to administer personal property such as bank accounts.
The 1310 Affidavit, a gem hidden within New York's SCPA regulations, allows certain relatives and funeral creditors to collect a decedent's assets without filing any papers in court. This not only saves you time and money but also spares you the headache of navigating the bureaucratic maze of the legal system.
In New York there is a rule for who can file the Administration proceeding. In general, the person who is the closest distributee (family member) to the Decedent files for administration.
