Did you know that non-domiciliary original probate exists in New York?
When dealing with the complexities of probate, 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 executors, beneficiaries, and legal professionals alike. Here, we’ll explore what you need to know about non-domiciliary original probate in New York.
What is Probate?
Probate is the legal process through which a deceased person’s Last Will and Testament is validated, and their estate is administered. This process ensures that the deceased’s assets are distributed according to their wishes, 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 Probate?
There are several reasons why a non-domiciliary’s estate might require probate 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 Probate in New York
1. Preparing and Filing the Petition: The process begins by preparing and filing a petition for Probate 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 a probate 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 probate 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 probate petition in Kings County.
3. Appointment of Executor: Once the petition is approved, the court will issue letters testamentary, officially appointing the executor named in the will. If the nominated executor is not a US Citizen or Green Card holder, then they cannot serve alone and the Court may appoint an Administrator, cta.
Once Letters Testamentary 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 Probate in New York
– Multiple Jurisdictions: Executors may need to navigate probate proceedings in multiple states if the decedent had assets in various locations. This can complicate the process and increase administrative burdens.
– Tax Implications: Executors 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 a probate 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 probate 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, NYC 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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