New York Sample Letter for Initiate Probate Proceedings for Estate - Complaint to Probate Will

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Multi-State
Control #:
US-0699LTR
Format:
Word; 
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Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Probate Court Clerk's Name] [Probate Court] [Probate Court Address] [City, State, ZIP Code] Subject: Initiate Probate Proceedings for Estate — Complaint to Probate Will Dear [Probate Court Clerk's Name], I, [Your Full Name], am I writing to initiate probate proceedings for the estate of the deceased, [Deceased's Full Name], in accordance with the laws of the State of New York. This complaint is to request the court's approval for the probate of the Last Will and Testament of the deceased. [Deceased's Full Name], a resident of [City/County, State], passed away on [Date of Death]. The Last Will and Testament, a copy of which is enclosed with this letter, was executed by the deceased on [Date of Will], as per the legal formalities prescribed in the New York Estates, Powers, and Trusts Law (EPFL) §3-2.1. The purpose of this probate complaint is to grant me, the named executor in the Will, the authority to administer and distribute the deceased's estate according to their wishes. The estate consists of various assets, including but not limited to real estate properties, financial accounts, personal belongings, and any other assets listed in the decedent's Will. To facilitate the probate process, I have: 1. Gathered all necessary documentation, such as the original Last Will and Testament, the certified copy of the Death Certificate, and any other supporting documents. 2. Completed the New York Probate Form [Form Number] — "Probate Citation and Petition." A copy of this form is enclosed for your reference. 3. Prepared an inventory of the deceased's assets, liabilities, and debts as required by the New York probate laws. The inventory will be submitted promptly upon the court's request. I understand that probate proceedings can be complex, and I am fully committed to complying with all legal requirements and fulfilling my duties as the estate's executor. I kindly request your guidance and assistance throughout this process. Enclosed with this letter, you will find the following documents: 1. Original Last Will and Testament of [Deceased's Full Name] 2. Certified copy of the Death Certificate 3. New York Probate Form [Form Number] — "Probate Citation and Petition" 4. Inventory of estate assets, liabilities, and debts 5. Any additional documents required by the Probate Court I kindly ask the Probate Court to schedule a hearing date at their earliest convenience, at which I will present the required documentation and answer any questions pertinent to the probate proceeding. Please inform me of any further actions or additional documentation required to move forward with the probate process. I am fully dedicated to expediting this matter and ensuring a smooth probate administration. Thank you for your attention to this matter. Your guidance and assistance in this probate proceeding are greatly appreciated. I await further instructions regarding the hearing date and any additional requirements. Should you require any further information or have any questions, please do not hesitate to contact me at [Your Phone Number] or via email at [Your Email Address]. Sincerely, [Your Full Name] [Executor of the Estate] [Deceased's Full Address]

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FAQ

The executor must file the original will and a certified copy of the death certificate with the probate petition and other supporting documents in the Surrogate's Court of the county where the deceased person lived. There is a filing fee based on the size of the estate.

New York state law does not have a specific time limit for settling an estate.

The Waiver and Consent is used to speed up the process when everybody agrees that the Will is valid and that the Will should be admitted to probate. If every distributee signs this Waiver and Consent it can save the estate significant time and expense.

By signing the form, you are essentially telling the court that you agree that the will being offered to probate as the last will and testament of the decedent is genuine; you consent to the person listed in the waiver and consent form to be appointed the executor of the estate; and you waive your right to a citation ( ...

In some states, there is a time limit to applying for probate (for example, the filing of all the necessary paperwork must begin ten days after the date of death). However, if you're in New York, there's no designated timeline for filing a request to validate the will with the probate court.

A probate attorney is not required under New York law, but legal assistance can save time and effort by ensuring that paperwork is completed properly and everyone with an interest in the estate receives the required notifications.

Common ways to hold or transfer property to avoid the New York probate process include: Living trusts. The State of New York allows residents to create a living trust for nearly any type of asset, including houses, properties, vehicles, and bank accounts. ... Co-ownership. ... Beneficiary designations.

Petition for Probate (DE-111) Ask the court to start the process for distributing a deceased person's property, paying debts owed by the deceased person, and settling the financial affairs of the deceased person.

More info

Jun 29, 2022 — When the person who died (the Decedent) had a Will then the Will must be filed in Surrogate's Court and admitted (approved) for probate. Probate ... The PDF version of these forms are FILLABLE. They can be filled out electronically, then printed. They however can NOT be submitted online, or saved.The representative appointed by the court is called the “executor.” The legal documents that make that person your executor are called “letters testamentary.”. Recording proceedings in another county. Copies of wills and probate proceedings and records of the grant of letters of administration and proceedings ... Statement of Voluntary/Consensual E-Filing A fill-in-the-blanks form required for any matter originating and electronically filed in Supreme or Surrogate's ... Check required court documents (for example, Petition or Application,. Letters Testamentary or Letters of Administration). This list is not all inclusive. 4. Please be advised that the Surrogate's Court is open to the public, BY APPOINTMENT ONLY. · NOTE: Only the applicant is to appear at the scheduled appointment. Introduction. After an individual's death, his or her assets will be gathered, business affairs settled, debts paid, necessary tax returns filed, and assets ... We'll work with you on what may be required specific to your needs. For formal probate we may request court-issued letters testamentary or letters of ... Sep 7, 2023 — They may wish to open probate themselves if the person named as executor is failing to act. There are downsides to administration being delayed.

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New York Sample Letter for Initiate Probate Proceedings for Estate - Complaint to Probate Will