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When a Loved One Dies
First Steps
- Obtain death certificates with a raised seal from the funeral director (or vital statistics.) For more information, see How to Obtain a Death Certificate.
- Search thoroughly for an original Will. Look through the home or safe deposit box of the decedent, ask family members, or inquire with the decedent's attorney. If a will is found, give the original will to the person named as Executor.
- You will be required to provide the names and full addresses of the decedent's closest next of kin, regardless of inheritance, estrangement, etc.
- Gather asset information. If there is no will, you will be required to provide asset information and their values.
- If the decedent was a veteran, you may wish to check on veteran's benefits at 1-800-827-1000.
- The Estate must be handled in Surrogate's Court of the county where the decedent resided at the time of death. This is the county that should be listed on the death certificate.
INSTRUCTIONS FOR WHAT TO DO NEXT:
- The Executor should complete a Probate Information Sheet and email or fax it to the Surrogate's Court with a copy of the will and death certificate. (The information sheet requires names and full addresses of the decedent's next of kin.)
- The Executor should make an appointment to probate the will. The original signed will and an original death certificate must be provided at the appointment. These items will be retained by the Surrogate's Court.
- The Executor should be prepared to pay probate fees at their appointment, via cash, check, or Visa, Mastercard, or Discover. (We cannot accept a check with the decedent's name on it unless it is a joint spousal account.)
- If an executor has died, you must provide a copy of their death certificate. If an executor is physically/mentally unable to fulfill their duties, you must provide a letter from a physician stating so. If an executor does not wish to apply, they must sign a renunciation form before the Surrogate's Court or a notary.
- If there are no living/willing executors named in the will , please call the Surrogate's Court to review your options.
- Ten (10) full days must pass, including the tenth day, after the death for the Surrogate's Court to issue probate certificates. However, an executor may apply in the interim.
- The Surrogate's Court will issue Executor Certificates (Letters Testamentary) which the executor will use to obtain access to the decedent's estate assets.
- The Executor will then distribute the assets pursuant to the terms of the Will.
- You must first determine who has the right to apply as Administrator of the estate.
- The decedent's closest next of kin have equal rights to apply as Administrator. For example, a decedent's spouse will have first rights to apply. If the decedent has no spouse, but has two children, those children have equal rights to apply. If one of those two children died, but had a child of their own, then their child would take their place and have equal rights to their aunt/uncle. This can be confusing. Please consult our Next of Kin page or contact us for more clarity.
- If a party with rights to apply does not wish to do so, they may sign a renunciation form before the Surrogate's Court or a notary.
- The Administrator should submit an Administration Information Sheet and to the Surrogate's Court with a copy of the death certificate. (The information sheet requires names and full addresses of the decedent's next of kin.)
- Five (5) full days must pass, including the tenth day, after the death for the Surrogate's Court to issue probate certificates. However, an executor may apply in the interim.
- The Administrator should make an appointment to apply. The original death certificate must be provided at the appointment.
- The Administrator should be prepared to pay probate fees at their appointment, via cash, check, or Visa, Mastercard, or Discover. (We cannot accept a check with the decedent's name on it unless it is a joint spousal account.)
- The Administrator may need to secure a Surety Bond. The Surrogate's Court will review this possibility at the appointment.
- The Surrogate's Court will issue Administration Certificates which the administrator will use to obtain access to the decedent's estate assets.
- The Administrator will then distribute the assets pursuant to the terms of the Will.
A small estate affidavit in lieu of full administration may be an option when there is no will and the value of the estate does not reach a certain threshold.
To utilize this process, the applicant must have detailed information regarding estate assets including account numbers, vehicle identification numbers, and current asset values. If that information is unknown or unavailable, the full administration process should be used.
TYPES OF SMALL ESTATE AFFIDAVITS:
| Affidavit by Surviving Spouse | can be issued to a spouse, civil union partner, or domestic partner if the total assets are less than $50,000 and are solely in the decedent's name |
| Affidavit by Next of Kin | can be issued by the Surrogate for estates under $20,000 |
- Do I need an attorney for this process?
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You are not required to have an attorney to go through the probate or administration process. Many executors and administrators go through the process without one.
The Surrogate's Court is here to guide you through the process itself, but cannot give or imply legal advice. No recommendations made by the Surrogate's Court should be construed as legal advice.
If the estate is complex, contested, or you are feeling overwhelmed, you may want to consult with an estate attorney. Unfortunately, we cannot recommend attorneys to the public.
- If there is no will, then who gets what?
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If someone dies with: Here's who gets what: descendants, but no spouse children inherit everything; if any children are deceased, then their children (decedent's grandchildren) inherit their deceased parent's share spouse, but no descendants or parents spouse inherits everything spouse and descendants only shared with that spouse spouse inherits everything spouse and children from someone other than spouse spouse inherits the first 25% of intestate property (but not less than $50,000 or more than $200,000), plus 1/2 of the balance; children of decedent share remaining balance of the estate; if any children are deceased, then their children (decedent's grandchildren) inherit their deceased parent's share spouse and descendants shared with spouse,
but your spouse also has descendants with someone elsespouse inherits the first 25% of intestate property (but not less than $50,000 or more than $200,000), plus 1/2 of the balance; decedent's children inherit everything else; stepchildren do not inherit spouse and parents (no descendants) spouse inherits the first 25% of intestate property (but not less than $50,000 or more than $200,000), plus 3/4 of the balance; parents inherit remaining remainder parents but no spouse or descendants parents inherit everything; if no parents survive, siblings of decedent inherit equally; if any siblings are deceased, then their children (decedent's nieces/nephews) inherit their deceased parent's share siblings, but no spouse, descendants , or parents siblings inherit everything; if any siblings are deceased, then their children (decedent's nieces/nephews) inherit their deceased parent's share Descendants are children, grandchildren, great grandchildren, etc.
- What do I do with a vehicle registered only in the decedent's name?
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A vehicle in the decedent's name may be operated for 30 days after the date of death by immediate family or any licensed driver authorized by the decedent's family. Thereafter, the title must be transferred by the executor or administrator. One must be deemed executor or administrator by the Surrogate prior to the transfer.
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