After the death of a person, there are some official procedures that his heirs must do. In order for the deceased person’s legacy to be passed on to their surviving heirs, those heirs must apply these procedures. Heirs cannot claim rights on their assets before these practices begin. The first thing to do is to prove that the required person is dead. For this, the relevant official institution gives the document proving his death to the heirs. With the document proving death, a certificate of inheritance is requested from the population and citizenship office. The heir must fill in a probate petition for this. If the deceased lived in New York State, the heir(s) must file a probate petition New York.
What is Probate Petition
Before sharing sample probate petition New York, we can answer the question what is probate petition.
The certificate of succession, determination of heirs in case of death of the person is important for many legal fields such as inheritance law, enforcement and bankruptcy law. At this point, the certificate of succession serves to determine the heirs of the deceased person.This document is for various legal disputes apart from being a document taken to determine the heirs of the deceased. This document is necessary for many problems such as the inability to share the inheritance, the objection to the injustice in the inheritance share.
In case of the death of the deceased, the document showing who the persons (heirs) who have the right to the inheritance are and what share they have from the inheritance is called the certificate of inheritance.
The applicant must be a legal or appointed heir in order to issue a certificate of succession. While the determination of legal heirs is only possible by presenting their identity. The appointed heirs must summit a proof. The case to be filed regarding the writ of inheritance is an uncontested judicial matter. Even if there is more than one heir, it is sufficient for only one or more heirs to apply for a certificate of succession.
Sample Probate Petition New York
Filing a probate petition may be something a person should do at most a few times in their life. That’s why people don’t try hard to learn how to file a probate petition. This process is very easy with the consultation of a lawyer. But if you want to fill probate petition NY yourself it is also possible. All you have to do for this is to download the sample probate petition NY file under this title and fill it in according to your own information. It is sufficient for only one person among the heirs to fill out this document. In the citizenship and population records, other heirs of the testator (if any) are also revealed.
Notice of Probate NY
Although it is not definitive regarding the inheritance rights of the heirs, Certificate of Inheritance reates a presumption in favor of the heirship. In the event that no objection proceedings are filed, the persons specified in the certificate of succession are considered to be heirs and the inheritance is shared in this way.
How to File Probate Petition New York
If you don’t know how to fill out a probate petition, it’s not a big problem. You can edit a sample probate petition under our title above. After downloading the form, you must fill in the information about you and your deceased relative completely and accurately. Then, you can start your inheritance process by presenting this document to the relevant official institution.