New York, NY asked in Probate for New York

Q: Are death certificates required as supporting documents for new york section 1310 Administration?

As niece of a New York resident who died intestate and in petitioning for section 1310 Voluntary Administrator, must the filing include death certificates of the deceased parents as well as certicates for the deceased siblings, where only my parents had children? The only asset/liability is a $14k Insurance policy naming my aunt as beneficiary.

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1 Lawyer Answer
James L. Arrasmith
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  • Probate Lawyer
  • Sacramento, CA

A: In New York, when petitioning for Section 1310 Voluntary Administration, it is generally necessary to provide a death certificate for the deceased individual whose estate you are administering. This serves as official proof of death and is crucial for the legal process. However, the requirement to submit death certificates for the deceased's parents or siblings can vary based on the specifics of the case.

Since your situation involves an intestate estate and you are petitioning as a niece, the focus typically remains on proving your relationship to the deceased and the absence of closer relatives, like children or spouses. In cases where the deceased's parents and siblings are also deceased, and they have no descendants other than you, providing their death certificates may be necessary to establish your position as the closest living relative.

It's important to carefully review the instructions for Section 1310 filings and consult the Surrogate's Court in the county where the deceased resided. They can provide specific guidance based on the details of your case. Additionally, considering the complexity of probate law, you might find it beneficial to seek advice from a lawyer experienced in New York probate matters to ensure all requirements are met accurately.

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