Franklin Square, NY asked in Probate for New York

Q: Hello, my question is in regards to the petition for probate of a will in Nassau county

I am doing this Pro Se .Do I need to include all possible heirs on question #6 (distributees) even though they will not be getting anything on this will?

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1 Lawyer Answer
Bonnie Lawston
PREMIUM
Bonnie Lawston
Answered
  • Probate Lawyer
  • Huntington, NY
  • Licensed in New York

A: Yes, all necessary heirs per EPTL must be listed. They must submit a Waiver or you will be required to serve them with a Citation that will summons them to Court on the return within the required time depending on their residency and where you serve them. Once service of the citation is complete and waivers are submitted, jurisdiction will be complete. The next step is to see if anyone objects to your petition and if they do, discovery and motions may be necessary. If not, the court will review the file and make a decision on your application. I hope this helps.

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