Routine Probate: What Can I Expect?

[mecca3]

What is the name of your state? NY

Experience of a co-worker in NJ was very reassuring. Funeral Home gave her phone number of Surrogate's Office, they called for an appointment, at which time they were helped with filling and filing the necessary paperwork.

Our case is similar to theirs, except that it is NY.

Only probate property is a house (bank accounts etc all have indicated they do not require probate (ie: Letters Testamentary?) to pass directly to the beneficiaries of the accounts.)

There is a will splitting 50/50 to the only two heirs named in it, namely the decedent's only two offspring (spouse had already predeceased the decedent.)

Barring something whacky like a claim by some unknown son or daughter, this should be as straightforward as it gets, no?

So that's my question: just how straightforward and consumer friendly is the process in NY?

I've got the 23 page PDF of the "Petition For Probate" from http://www.nycourts.gov/forms/surrogates/probate.shtml and frankly it's rather mindnumbing.

-- Should we expect help (written or verbal) identifying which of these or any other forms are needed, and how to fill them, to be available to us at the Surrogate Court?

-- Is it advisable for BOTH named heirs (ie: the Executrix-heir & the non-Executrix-heir) to be present to fill and sign these forms, or can the non-Executrix-heir fill out any forms required of her either before or after the initial filing?

-- I know they have to bring proper ID, the Will, and the Death Certificate. Anything else?

-- Will we need forms & signatures from ANYONE ELSE (ie: the Witnesses to the Will?)

-- When we pick up the Will from the decedent's lawyer's office, should we get any forms or paperwork or signatures from him? Will he charge a fee to deliver the Will and any such paperwork to us?

-- WIll there be a notary available at the court, presuming that notarization might be the only thing standing between filing the forms on the day of our appointment and having to come back to file (or mail?) them later?

-- Anything else you can think of or address would be greatly appreciated!

We really feel such a simple straightforward probate should be expected in this day and age, but is that really the reality?

Thanks!What is the name of your state?

 

[seniorjudge]

What is the name of your state? NY

Experience of a co-worker in NJ was very reassuring. Funeral Home gave her phone number of Surrogate's Office, they called for an appointment, at which time they were helped with filling and filing the necessary paperwork.

Our case is similar to theirs, except that it is NY.

Only probate property is a house (bank accounts etc all have indicated they do not require probate (ie: Letters Testamentary?) to pass directly to the beneficiaries of the accounts.)

There is a will splitting 50/50 to the only two heirs named in it, namely the decedent's only two offspring (spouse had already predeceased the decedent.)

Barring something whacky like a claim by some unknown son or daughter, this should be as straightforward as it gets, no?

So that's my question: just how straightforward and consumer friendly is the process in NY?

I've got the 23 page PDF of the "Petition For Probate" from http://www.nycourts.gov/forms/surrogates/probate.shtml and frankly it's rather mindnumbing.

-- Should we expect help (written or verbal) identifying which of these or any other forms are needed, and how to fill them, to be available to us at the Surrogate Court?

-- Is it advisable for BOTH named heirs (ie: the Executrix-heir & the non-Executrix-heir) to be present to fill and sign these forms, or can the non-Executrix-heir fill out any forms required of her either before or after the initial filing?

-- I know they have to bring proper ID, the Will, and the Death Certificate. Anything else?

-- Will we need forms & signatures from ANYONE ELSE (ie: the Witnesses to the Will?)

-- When we pick up the Will from the decedent's lawyer's office, should we get any forms or paperwork or signatures from him? Will he charge a fee to deliver the Will and any such paperwork to us?

-- WIll there be a notary available at the court, presuming that notarization might be the only thing standing between filing the forms on the day of our appointment and having to come back to file (or mail?) them later?

-- Anything else you can think of or address would be greatly appreciated!

We really feel such a simple straightforward probate should be expected in this day and age, but is that really the reality?

Thanks!What is the name of your state?

https://forum.freeadvice.com/showthread.php?t=318729


-- Should we expect help (written or verbal) identifying which of these or any other forms are needed, and how to fill them, to be available to us at the Surrogate Court?

A: No. Judges and clerks do not give legal advice.

 

[You Are Guilty]

-- Should we expect help (written or verbal) identifying which of these or any other forms are needed, and how to fill them, to be available to us at the Surrogate Court?

What county? NY Surrogates clerks are fairly friendly. The other boroughs, not so much. They will certainly provide the forms for you, but they will/can not offer legal advice.

-- Is it advisable for BOTH named heirs (ie: the Executrix-heir & the non-Executrix-heir) to be present to fill and sign these forms, or can the non-Executrix-heir fill out any forms required of her either before or after the initial filing?

Only the executor "needs" to go, but there's no harm if both attend.

-- I know they have to bring proper ID, the Will, and the Death Certificate. Anything else?

"Usually", no, but not knowing all the details, there may be more required. Make sure the will and death certificate are originals.

-- Will we need forms & signatures from ANYONE ELSE (ie: the Witnesses to the Will?)

Again, "usually", no, but not knowing all the details, it is remotely possible. The executor is the only one who usually signs, not the other heirs.

-- When we pick up the Will from the decedent's lawyer's office, should we get any forms or paperwork or signatures from him? Will he charge a fee to deliver the Will and any such paperwork to us?

You just need the original (or exemplified copies). As for possible fees, you'll have to ask the lawyer.

-- WIll there be a notary available at the court, presuming that notarization might be the only thing standing between filing the forms on the day of our appointment and having to come back to file (or mail?) them later?

Usually not in court. Depending on the borough, there may be 0-100 in the area surrounding the courthouse.

-- Anything else you can think of or address would be greatly appreciated!

While the probate form you listed is daunting, most of it isn't used in "routine" matters. Go here and use the "probate proceeding" checklist, which should make your life a little easier:
http://www.courts.state.ny.us/forms/surrogates/pdfs/fourth_checklists.pdf

We really feel such a simple straightforward probate should be expected in this day and age, but is that really the reality?

For the most part, Surrogates is the only court in the city that doesn't take forever to get a resolution. If it is truly a "routine" probate with no documentary problems or contesting heirs, you can expect the letters testimentary within 30 days of filing, (sometimes even half that depending on the borough).

Thanks!What is the name of your state?

Welcome.

 

[Dandy Don]

Please do not try to do this without the assistance of an attorney.

 

[You Are Guilty]

Please do not try to do this without the assistance of an attorney.

Nonsense, probate attorneys only exist to take people's money! There's no possible reason to utilize the services of an expert in an important matter like this!


(PS: Ask for a flat fee - no hourly.)