Probate is used when the decedent left a will. The court reviews the will and, if the requirements are met, issues Letters Testamentary to the executor named in the will. Users usually need the Petition for Probate, the original will, a certified death certificate, information about distributees, waivers or citations, and supporting affidavits.
Administration is used when the decedent did not leave a will, or when there is no will being admitted to probate. The court may issue Letters of Administration to an eligible distributee. A typical packet asks for the death certificate, family relationship information, asset information, funeral information, waivers and consents when available, and citation or service documents when required.
New York calls a small estate a voluntary administration. It may be available when the decedent had $50,000 or less in personal property. Personal property includes things like bank accounts, vehicles, and personal belongings. It does not include real property such as a house, land, or condominium.
Surrogate's Court guardianship is different from many Family Court searches. Surrogate's Court may handle guardianship of a child under Article 17, including guardianship of a child's person or property, and Article 17-A guardianship for an intellectually or developmentally disabled person.
Search interest for ET-117 usually comes from real estate closings. New York's estate tax lien can affect real property located in New York. The Form ET-117 release of lien is often paired with ET-85, ET-30, or ET-706 depending on the estate and timing.
