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Release of Claim Under Section 1310 - nycers-2026

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The document is a release form under Section 1310 of the Surrogate’s Court Procedure Act, required for individuals with a qualifying relationship to waive their rights to benefits from a deceased NYCERS member. It allows the claimant filing NYCERS Form #361 to collect benefits while ensuring that the releasor cannot hold NYCERS liable for the payment. The form must be signed and notarized.

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Click ‘Get Form’ to open it in the editor.
Begin by entering the deceased member’s information, including their Pension Number, Member Number, Date of Death, First Name, Middle Initial, and Last Name.
Next, fill out the Releasor's Information section. Provide your First Name, Middle Initial, Last Name, Date of Birth, Address, Apartment Number (if applicable), City, State, Social Security Number, Zip Code, and Daytime Phone Number.
In the statement section, clearly indicate your relationship to the deceased member. This is crucial for validating your claim.
Sign and date the form at the bottom. Remember that this document must be acknowledged before a Notary Public or Commissioner of Deeds.
Finally, ensure that all fields are completed accurately before submitting your form for processing.

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What is NY Surrogates court Procedure Act 1310?

The SCPA 1310 Small Estates Affidavit allows payment of money owed to the deceased persons: surviving spouse, parent, sibling, adult child, niece or nephew, grandchild, grandparent, aunt, uncle and first cousins, certain creditors, and.

What is the point of a small estate affidavit?

A Small Estate Affidavit is a legal form used to manage and distribute a deceased persons estate without going through long court processes. It works best when the total value of the estate falls below a certain limit set by state law.

What is a 1310 form in NY?

The New York State Surrogates Court Procedure Act (Section 1310) allows the surviving spouse and certain relatives of a deceased person to collect a benefit without court administration. New York State Surrogates Court Procedure Act (Section 1310) does not apply to every situation.