Did you know that non-domiciliary original Estate Administration exists in New York?
When dealing with the complexities of estate administration, things can get even more intricate if the Decedent was a non-domiciliary of New York. Understanding the nuances of this process is crucial for Administrators, distributees, and legal professionals alike. Here, we’ll explore what you need to know about non-domiciliary original estate administration in New York.
What is Estate Administration?
Estate Administration is the legal process through which a an Administrator becomes appointed for an estate of a person who died without a Last Will and Testament. This process ensures that the deceased’s assets are distributed in accordance with the New York state Laws of intestacy, their debts are paid off, and any remaining matters are settled.
What is a Non-Domiciliary?
A non-domiciliary is someone who does not have their primary residence or legal domicile in New York. Despite this, they may still have assets located in the state, necessitating probate proceedings in New York.
Why Would I do a Non-Domiciliary Original Estate Administration?
There are several reasons why a non-domiciliary person’s estate might require administration in New York:
– The decedent owned real property (e.g., a house or land) in New York.
– The decedent had tangible personal property (e.g., cars, jewelry) located in New York.
– The decedent held bank accounts or other financial assets with institutions based in New York.
Process of Non-Domiciliary Original Estate Administration in New York
1. Preparing and Filing the Petition: The process begins by preparing and filing a petition for Estate Administration with the Surrogate’s Court in the county where the Decedent’s property is located. This petition must include details about the decedent, their assets, and the nominated executor.
*important note: The Decedent’s Death Certificate will list another state or country as their “usual residence.” You will need to address this by preparing an affidavit to be signed by the Petitioner which will state that there are no other assets in the state of residence and there is no intent to commence an estate administration proceeding in the state of residence and that the only assets are property located in New York.
2. Jurisdiction Considerations: New York courts will assess their jurisdiction over the estate based on the location of the assets. If the assets are located within the state, the court will typically accept the estate administration petition.
*important note: If the asset is a bank account, you must file in the County where the Decedent opened the account. For example, if the Decedent opened the account in Brooklyn, you must file the estate administration petition in Kings County.
3. Appointment of Administrator: Once the petition is approved, the court will issue Letters of Administration, officially appointing the Administrator.
Once Letters of Administration are issued, the estate proceeds with the regular administration process, including, paying debts, collecting assets, paying taxes, and distributing estate assets after either judicial settlement of the account or after receipts and releases are executed.
Challenges and Considerations of Non-Domiciliary Original Estate Administration in New York
– Multiple Jurisdictions: Administrators may need to navigate administration proceedings in multiple states if the Decedent had assets in various locations. This can complicate the process and increase administrative burdens.
– Tax Implications: Administrators must be mindful of both New York state and federal tax implications when handling the estate of a non-domiciliary. Consulting with a tax professional is often advisable.
– Legal Assistance: Given the complexities involved, engaging an estate administration attorney with experience in handling estates for non-domiciliaries can be invaluable. They can help ensure compliance with all legal requirements and streamline the process.
Non-Domiciliary Original Estate Administration in New York involves navigating a web of legal requirements and procedural steps. Understanding this process is essential for executors and beneficiaries to ensure a smooth administration of the decedent’s estate. By following the outlined steps and seeking appropriate legal guidance, the challenges can be effectively managed, honoring the decedent’s wishes and fulfilling all legal obligations.
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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