Legal Question in Wills and Trusts in New York

To locate the attorney that is handling the estate, first determine the county in which your great uncle's wife had resided. This is likely Monroe County, in which Rochester is located. A proceeding for probate (if there was a will) or for administration (if she died intestate; that is to say, without a will) would be expected to be brought in the Surrogate's Court of that County.

Since two months has elapsed since her death, it is reasonable to believe that such a proceeding has likely already been commenced. You can freely check the records of that court (most Surrogate's Courts maintain a computer terminal in the Record Room and in other offices of the Court at which you can check as to whether a proceeding has commenced). You can, similarly, have an attorney check this for you. The name, address, and telephone number of the petitioner's attorney will be found within those records.

You can then contact the attorney and express your desire for sentimental family items. If such an item consists primarily of family pictures, documents, and nick-nacks, then the executor or adminsitrator of the estate may well consent to giving those items to you. If, on the other hand, the items are valuable, then it is unlikely anyone will give you such items unless you are willing to purchase them from the personal representative of the estate or the person to whom such items was bequeathed.

You should do this as soon as possible, because many of the items that will be of sentimental value to you may be considered worthless trash to the executor, who might simply dispose of those items in getting the house ready to sell. Since your great uncle's wife had no children and was a widow at the time of her death, it is very likely that there are no family members who are seeking mementos, so your chances of obtaining these items is quite good.

I agree with Mike, although the Court location may be dufferent. Where the estate proceedings are lodged is the Surrogate's Court in the County where the decedent resided at the time of death, which might not be where the property is located. For example, I could own property in one County but reside, for a host of reasons, elsewhere. This might require multiple telephone calls to get to the proper location.