Legal Question in Wills and Trusts in New York
Estate of the deceased
Recently my mother passed away,
leaving no will. Although there is no
property or dividends we are trying to
take possession of her estate. There
are checks being issued by the state
in her name but we are unable to
deposit into any of our active
accounts. My question was what are
the steps to be taken to take over
her estate?
3 Answers from Attorneys
Re: Estate of the deceased
I read Mr. Karvay's response. You can also start a small estate administration proceeding. It costs a dollar. You can go to the Surrogate's Court (in the jurisdiction where your mother lived) for the form. The clerk's are very helpful (even in Manhattan), and the process is not difficult.
Mike.
Re: Estate of the deceased
I have read both responses and agree that either procedure is OK. If you use the small estate procedure, you will receive a document from the Surrogate that allows you to open an estate bank account. To do this, you will need a TIN for the estate which you can obtain on line at IRS.GOV and follow the procedure. You will get a letter at the end of doing the application, which you should print out the letter and give it to the bank
Re: Estate of the deceased
You may be able to take advantage of a New York Law that allows you to collect certain estate assets without court involvement. Take a look at this article (http://www.nycprobate.com/27225.html). You may call me for further information.
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