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Under NYCRR 207.16, an affidavit of heirship is required in New York petitions for probate or administration when the decedent was survived by no distributee, one distributee or where the relationship of the distributees to the decedent is grandparents, aunts, uncles, or first cousins.
Letters of Administration will need to be obtained which requires filing a petition and many other documents with the Court. The petition for Letters of Administration is filed in the Surrogate's Court in the county where the decedent lived.
Surrogate Court Administration \u2013 When someone dies without executing a Last Will and Testament, the Surrogate's Court appoints an administrator/administratrix and issues letters authorizing the transfer of assets in the decedent's name.
If you need additional help or documents from the Surrogate's Office, such as a Surrogate Certificate (a document confirming that the will has been probated, and an Executor/Administrator has been appointed), please call us at 973-285-6500.
A Short Certificate is a legal document that shows the decedent's name and date of death. It will also show the name of the Executor/Executrix who has been named to handle the affairs of the estate. A Short Certificate can be obtained at the "Register of Wills" office in the county court house.
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A short certificate is the document issued by the Surrogate the Executor will use as proof of their authority to transfer or sell the decedent's assets. A short certificate will be needed for the transfer or sale of any asset in the decedent's name alone.
The Surrogate is often referred to as a Constitutional Officer. The Surrogate's office has the responsibility of probating wills, qualifying executors, appointing administrators for those estates without wills, and qualifying guardians of incapacitated persons and minors.
SCPA 2307-a provides for certain disclosure requirements when an attorney prepares a will and that attorney, or an affiliated attorney, is designated as an executor therein.

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