Legal Question in Wills and Trusts in New York

Completing probate paperwork to request letter of testamentary for New York State for myself as I am executor:I am aware that there are alot of the forms not required of me to complete for letter of testamentary - would you please indicate yes or no to ones to complete for letter of testamenary (please note: my brother and only sibling lives with me)

- consent to waiver-completed by my brother

-probation citation -do i need to complete if brother did above?

-affidavit of service of citation?

-application to dispense with testimony of attesting witness

-order dispensing with testimony of attesting witness

-renunciation of nominated executor and/or trustee?

-renunciation of letters of administration c.t.a and Waiver of Process?

-affidavit of comparison-The courts already has the original will for small estate so does this still need to be completed?

Thank you...

Asked on 11/21/17, 8:42 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

It seems like you're trying to complete the probate petition for an estate which is larger than a small estate proceeding. You can go online and complete the process for a small estate on the internet. Give that a try and it will go nice and smoothly. The computer system will ask questions you must answer 'yes' or 'no', and then the forms which you need will be generated.

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Answered on 11/22/17, 5:21 am

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