Keyword Analysis & Research: new york state affidavit 1310

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What is a small estate affidavit (NY SCPA 1310)?

The law also allows anyone that paid for the decedent’s funeral to get repaid from the decedent’s funds, again without court intervention. Through the use of the small estate affidavit (NY SCPA 1310), money or securities may be collected from the decedent’s banks, insurers, government agencies, employers and other institutions.

What is a small estate affidavit?

The latter is a document filed in Surrogate’s Court by a person seeking to be appointed Voluntary Administrator of a small estate. On the other hand the small estate affidavit is a document, prepared by a claimant or attorney, which is presented to the the bank or other financial institution seeking the release of the decedent’s funds.

What is the meaning of 1310?

§ 1310. Payment of certain debts without administration 1. As used in this section which operates pursuant to statute as such a designation. 2. Upon the death of a creditor, unless otherwise provided by a exceed thirty thousand dollars. 3. Not less than thirty days after the death of a creditor, unless spouse or of one of such relatives.

When is an affidavit of heirship required in New York probate?

Under NYCRR 207.16, an affidavit of heirship is required in New York petitions for probate 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.

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