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 Affidavit By An Attorney-in-Fact In The Capacity Of An Administrator Of An Estate?
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FAQ
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.
