A friend died recently. He had no children and did not own much property. He did have a Will, though, leaving everything to his long-time partner and naming her the Executrix (female Executor) of his estate. This was definitely smart, since if he had not made a Will, she would not inherit from him because they were not married.
To actually receive her inheritance more legwork was required: she had to document his family tree. She had no idea she would need to do this. This surprises most of us, and we don’t know where to get the information after our loved one is gone.
The value of our friend’s personal property being under $50,000, it is a “Small Estate” within the meaning of New York law and Surrogates Court. The filing fee is only $1, and the procedures are simpler than in a larger estate. It is something that people can handle themselves, without a lawyer.
In order to sell personal property — like vehicles and boats — or transfer them or bank accounts from the deceased person’s name, the Executor may need an order from Surrogate’s Court. If there is only one vehicle, DMV has forms for this purpose without going through court. For Surrogate’s Court, the Will alone will not be enough. Details about the deceased relatives must also be provided.
In all cases, even when there is a Will, every relative who might be able to inherit must be notified of the court proceeding. The degree of relatives who must be informed
depends on who is still living and their relationship to the Decedent. (See the Resources.)
Sometimes it will be simple, especially if there is either a surviving spouse or children. In other cases, relatives that must be identified could be parents, grandparents, brothers, sisters, nieces, nephews and even grand nieces and nephews. How far depends on whether closer relatives are still alive. If any of them are dead, then the Executrix must provide proof of the dates of their deaths. For those who are living, she must try to find their current addresses.
This information is given to Surrogate’s Court, which will then send letters notifying the relatives about the Small Estate proceeding. They will have the opportunity to contest the Will on limited grounds, remembering that a Will is a gift, not a right. Or, they can sign a form consenting to the administration of the estate. If current mailing addresses cannot be found, the law allows notice by publishing in local newspapers, which costs money.
For a lot of people, this search is not easy to do. If you do not gather the family tree information before your death, it will be much more challenging for those who survive you to do it. If your chosen Executor is not a family member, they may have no idea where to look.
An immediate family member or a lawyer for the estate may be able to get the death certificate from the Town or City Clerk where the person died. Certificates should also be filed with the State Department of Health, but it may take months to obtain it.
If you have the name of a deceased person, funeral homes and cemeteries can be good sources of information on surviving relatives, as well as date of death; also check newspaper obituaries, for both recent and long-ago deaths.
When all you have is the relative’s name, places to check for addresses include on-line tax bills, the post office, old phone books (which may be in the public library), online search for the person, whitepages.com, familysearch.org, and genealogy websites.
If there is no Will and no known surviving relative, your property will go to the State. You can avoid this if you own property jointly with another person with right of survivorship, or have a Will or Trust.
The toughest cases are when every relative close to the decedent has died before them. This is when completing the family tree ahead of time is the most helpful. Pull together as much information as possible, with names and addresses, keep it with your Will and give a copy to your Executrix/Executor.
— Penny Clute has been an attorney since 1973. She was Clinton County district attorney from 1989 through 2001, then Plattsburgh City Court judge until her retirement in January 2012.
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Resources
There are online forms and information at CourtHelp: https://tinyurl.com/h288rjw2
For the DIY forms, including a family tree, go to: https://tinyurl.com/u43mammj
Historic newspapers to look for obituaries — https://nyshistoricnewspapers.org/
Law regarding who inherits what if there is no Will — Estates Powers & Trusts Law (EPTL) §4-1.1, explained in Courthelp: https://tinyurl.com/356x7ask