Updating death date in authority files

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The Decedent's distributees must also be listed in the petition.

Distributees must be served with a notice, formally called a citation.

By law, real property vests in the Decedent's distributee at the time of death which makes the distributees the owners of the property.

It might be a good idea to contact a real estate attorney and the tax office to get more information.

Letters of Administration appoints a Decedent's distributee and gives them the authority to collect and distribute the Decedent's property according to the law.

If the Decedent's only asset is real property (real estate), it may not be necessary to file an administration proceeding depending on who survives the Decedent.

If the Decedent died with a Will, then a probate proceeding should be filed.

In New York there is a rule for who can file the administration proceeding.

In general, the person who is the closest distributee (heir) to the Decedent files for administration. The closest distributee files a copy of the paid funeral bill, a certified copy of the death certificate with the Petition for Letters of Administration and other supporting documents in the Surrogate's Court in the county where the Decedent had their primary residence.

The citation gives the Surrogate's Court jurisdiction over them.

This means that the Surrogate's Court has the authority to determine the rights of the people involved.

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