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Kings New York Surrogate's Court Proceeding Checklists
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New York
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Kings
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NY-SMISC-5
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How to fill out New York Surrogate's Court Proceeding Checklists?
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FAQ
They have exceeded the time limit for a claim: Typically, a spouse must bring a claim to the New York Surrogate's Court within six months of the estate executor's appointment and two years after the deceased's death.
In New York, creditors have a maximum of seven months to file claims against an estate. If you have questions related to this aspect of estate administration, Jules Haas is a seasoned New York City estate litigation attorney who may be able to assist you.
It's an extremely rare occasion for an estate to re-open, but it's not impossible. However, in order to properly reopen an estate, the circumstance needs to be deemed reasonable enough to open the estate again.
To reopen an estate for subsequent administration, the interested party, often the Personal Representative must petition the probate court to reopen the estate. The probate court may re-appoint the same Personal Representative or another personal representative to administer the subsequently opened estate.
Expect it to be at least six months before the assets may be distributed to the heirs and probate to be closed. However, one year is a more likely timeline for most estates. This time can be extended even more if there are delays, such as an heir contesting the will or disputes with creditors.
Certificates to letters can be purchased in-person by visiting Cashier, located on the fifth floor, room 506; or by mailing a request to the New York County Surrogate's Court, 31 Chambers Street, New York, New York 10007, attention: Cashier/Certificates Department.
The petition for Letters of Administration is filed in the Surrogate's Court in the county where the decedent lived. For example, if the decedent lived in Manhattan, the papers are filed in the New York County Surrogate's Court which is located at 31 Chambers Street in New York City.
The Surrogate's Court is established in every county to hear cases involving the affairs of decedents, including the probate of wills, and the administration of estates and trust proceedings. Family, Supreme, and Surrogate's Courts have concurrent jurisdiction over guardianships of the person and property of infants.
Filing for Administration In New York there is a rule for who can file the Administration proceeding. In general, the person who is the closest distributee (family member) to the Decedent files for administration.
Typically 6 months, sometimes as short as 30 days.