In New York State, when a person dies it is important to know if they have a will. That will help you understand what to do next.
Is There a Will?
Are the assets of the person who died worth over $50,000?
If YES, file a Probate Petition. If NO, file a Small Estate Affidavit.
What you need to file:
- The original will plus one copy (do not remove staples)
- An original death certificate
- Names and addresses of heirs
- Location of assets
- Names of creditors and debts owed (funeral expenses, credit cards, utility bills, etc.)
- Names and addresses of anyone else mentioned in the will
Are the assets of the person who died worth over $50,000?
If YES, file an Administration Petition. If NO, file a Small Estate Affidavit.
What you need to file:
- An original death certificate
- Names and addresses of heirs
- Location of assets
- Names of creditors and debts owed (funeral expenses, credit cards, utility bills, etc.)
What Are Assets?
Assets Include:
- Bank and investment accounts
- Insurance policies
- Cars, boats, other vehicles
- Real Estate
- Contents of a safe deposit box
- Personal property in the possession of the police
- Contents of the sealed residence of the person who died
Do Not Include:
- The value of accounts or assets that are owned by the person who died AND another person
- Accounts or assets that have a named beneficiary
Who is an Heir?
- The spouse, children, and sometimes grandchildren of the person who died (the decedent)
- If the decedent does not have a husband or wife, children, or grandchildren, the heirs are the decedent's parents
- If the decedent's parents are no longer living, the heirs are the decedent's brothers and sisters
- If the decedent's brothers and sisters are no longer living, the heirs are the decedent's nieces and nephews
- If no listed family members are living, then the heirs are the decedent's aunts and uncles
Please note: Heirs may also be called distributees.