Legal Question in Wills and Trusts in New York

The court will likely require the executor to perform a "diligent search," which is essentially an investigation, to locate relatives. There are many genealogical firms (and other entities) that perform these searches. Once the search has been completed an affidavit detailing the search must be filed with the court. The court will then review the affidavit to determine whether the search was sufficiently thorough and complete. In addition to a diligent search, the court will likely impose several other requirements such as notifying the Attorney General and the Public Administrator. Please feel free to call me at (212) 786-7539 for a free initial consultation.

He may also have to publish a Notice in the newspaper.

In my experience in NYC, sometimes the court will allow an executor to essentially skip the due diligence phase and proceed straight to publication if the executor, through his or her attorney, specifically asks to do so. This has worked for me when the executor is sincerely of the belief that performing an expensive genealogical search and other due diligence will likely not turn up any family, based on the executor's knowledge of the testator's family or lack thereof.

Feel free to contact me at [email protected] if you wish to discuss this further.