Many of the wills are copies of wills in series J0038-92, described below. ], Rosalie F. Bailey, Guide to Genealogical and Biographical Sources for New York City (Manhattan), 1783-1898 (New York: 1954). Baltimore: 1967, 1991) (cited as "Vol. Add this new information to your records of each family. Documents in the above matter which were filed through the New York State Courts E-Filing system (NYSCEF) have been received by the Surrogate's Court, Queens County and have now been uploaded into our filing system. There are two kinds of guardianships those involving a mentally disabled (special needs) minor (those guardianships are known as 17-a), and guardianships of older adults who have become mentally incompetent due to illness (this is known as Mental Health Law Article 81 guardianships). They prefer to use email. These collections may have additional materials to help you with your research. 1730-1753 (1 roll microfilm [part]). The exact contents of probate records vary greatly depending on the prevailing law and the personality of the record keeper. The court is authorized to charge substantial fees for records searches conducted by court staff. Related Records: The New York County Surrogate's Court retains transcripts of this series. Presently. About I serve as Assistant Law Clerk for the Honorable Peter J. Kelly at the Queens County Surrogate's Court, working diligently with the law department in several areas of Surrogate. Kings County and New York County also continue to experience delays in processing as a result of the COVID-19 pandemic. County] of New York, 1665-1800," Collections of The New-York Historical Society, 25-34 (1892- 1901), 36 (1903), 40-41 (1907-08) (includes name indexes to testators); marriage licenses are abstracted and indexed by Kenneth Scott in New York Marriages Previous to 1784; A Reprint of the Original Edition of 1860 with Additions and Corrections (Baltimore: 1984), pp. A few wills in this series are missing. Most people store their wills with their other important papers, sometimes in a safe deposit box,sometimes in a fireproof safe or cabinet in their homes, sometimes just in a box with other important papers. Queens County Surrogates Court deals through its various departments with the following matters: Probate Queens County Surrogates Court handles estate proceedings involving a will. Of special interest for social history are the many wills made by women; wills bequeathing or manumitting slaves; and wills and estate inventories listing personal property such as clothing, furniture, and tools. (There is no index in the volume itself. (example "child custody Ann Arbor, MI"). Queens County Surrogates Court Contents: Official transcripts of wills, codicils, and letters of administration registered by Court of Probates. 526-27. UniCourt also allows you to lookup court cases and find latest docket information for all courthouses in Queens County Courts, New York. Here's what you need to figure out when reading a trust: To settle an estate that's held in a living trust, there are a series of steps that the Trustee will need to take. This can be relevant when a person dies without a Will, if their surviving partner wants to inherit as that person's spouse under state law, but doesn't have a marriage license. 7) Advising you how how to communicate with the trust's beneficiaries. However, the New York State Archives holds two large groups of probate records: wills, inventories, and other documents recorded, filed, or maintained by the colonial Prerogative Court, 1686-1783, and its successor, the State Court of Probates, 1778-1823; and wills from the . Overview 718-298-0777; qnssurr-info@nycourts.gov Hon. There are copies of many of these wills in series J0038-82. But if Kate had never transferred that account into her trust, and it was owned in her name alone, it would be the executor's job to deal with that account, not the trustee's. Condition of volumes is generally good; some paper is brittle. Surrogate Kelly: First to File Gets First Priority, My Office's Descent and Distribution Diagram, The Easy Way for Attorneys Representing the Decedent's Cousins to Get a Death Certificate in New York City. Search LegalConsumer content. Albert Goodwin, Esq. After a will was proved and recorded in the Supreme Court or a court of common pleas, the Surrogate's Court supervised the administration and disposition of the estate. The court gives the executor a document granting authority to administer the estate, which is called letters testamentaryin most states. 718-298-0500. After someone dies, the family needs to locate that person's estate planning documents. Some courts have disposed of old property inventories, which have no continuing legal value. IV"); William A. D. Eardeley, "Index to Wills of New York State from 1653 to 1815" (typescript, 1941), pp. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. In such cases, its known as the probate court. This is a simplified guide to record series and custodians, and is meant for quick reference. I" and "II"); J0039-04 Record of Letters Testamentary, 1793-1801 (1 roll microfilm). But, even so, an experienced trust administration attorney can help you with the following things: 2) Preparing and sending out required notices to beneficiaries and heirs. Overview The Surrogate's Court hears cases involving the affairs of decedents, including the probate of wills and the administration of estates. J0208-82 Orders and Decrees, 1811-1823 (1 vol.). Some states permit "common law" marriages. ft.) [7 rolls microfilm]. ; 1 roll microfilm [Vol. ft.) [17 rolls microfilm]. land records office locations for Queens County. Index: No index; files are arranged alphabetically by name of decedent under category of file. In 1778 the State Legislature established a Court of Probates, which assumed most of the colonial governor's powers in probate matters. After 1670 wills and grants of administration were required to be recorded in the secretary's office. Rochester, New York 14618 Queens | 88-11 Sutphin Blvd. The courtroom is located on the 6th floor, and the clerks of the various departments are located on the 7th floor. 11th JD Queens Surrogate's Court | NYCOURTS.GOV is an adult guardianship and estate litigation attorney in New York City. Ask them how many years they've specialized in trusts and estates law and how many cases they've filed in probate court, or how many trusts they have helped administer. Berthold Fernow, Calendar of Wills on File and Recorded in the Offices of the Clerk of the Court of Appeals . During probate, the Will must be proved to the satisfaction of the Court that it's the Last Will and Testament of the person who died. Contents: Inventories of personal property, and accounts of decedents' debts and credits, prepared by administrators and executors. To Obtain a Certified Copy of a Supreme Court Paper and Exemplification A search will have to be conducted. Accountings this department handles accountings filed by executors and administrators of estates and trustees of trusts. This topical guide serves to direct researchers to probate documents from specific time periods and (in some cases) from various regions of New York State. PDF Queens County - New York State Unified Court System Here's a link to your local probate court. Kenneth Scott, "Early Original New York Wills," National Genealogical Society Quarterly, 51 (1963), 90- 99, 174-78, 185 (indexes wills in sub-series 1 and indicates those wills not recorded in series. Medina, NY 14103 Surrogate's Court Records | Queens | UniCourt Even though the law requires that a will be submitted to the local probate court, there are really no actual penalties for not doing so, especially if the estate is too small for probate to be required. Like any other professional that you might hire, finding a good lawyer is part networking, part commonsense, and, sometimes, part luck. With UniCourt, you can access cases online in Surrogate's Court, view case summary, check case status, download court documents, as well as track cases and get alerts on new case updates and access Queens County Courts - Surrogate's Court cases with Enterprise APIs. Organized into two sub-series: 1) ca. A few related documents concerning proof of wills in Supreme Court, including petitions for proof of will, affidavits of witnesses, and notices to heirs, are found in series J1041-82 Petitions and Affidavits for Proof of Wills (Albany), 1801-28. Arranged by assigned alphanumeric file number. Fernow, Calendar of Wills (cited as "Vol. Forms, templates, checklists and other resources including information regarding new court procedures due to Covid-19 can be found at our website at: http://ww2.nycourts.gov/courts/11jd/surrogates/index.shtml, DO NOT REPLY TO THIS E-MAIL AS THIS ADDRESS IS USED SOLELY TO ISSUE NOTIFICATIONS. Settling an estate can take 6 months to a year. Appraise or otherwise value the trust's assets. There's no official place for people to store their wills, and there's no state registry to store your will before you die. Judge Peter J. Kelly has a staff of clerks who help him analyze cases and conduct pre-trial, scheduling and settlement conferences. How to Order Certified Copies of a Death Certificate. 6) Preparing an inventory that will be filed with the court. But the person making the will must: Some states allow a person to handwrite a will (this is called a holographic will), but it's better to type one out. Different states call this office different things; in Texas, it's called the "local registrar"; in California, it's called the County Recorder's offfice. In addition, between 1801 and 1829 the Supreme Court had the exclusive power to prove and record wills devising real property located in several counties. Index: Index to testators at front of volume. Contents: Two volumes of recorded wills and probates (summary of proceedings to determine authenticity of will). Most of New York's probate records are maintained by the Surrogate's Court, which was established in each county in 1787. ], __________. Documents are fragile and some are in fragments. 251 New Karner Road Copyright 2006-2023 RelationalVision Database Solutions, LLC dba LegalConsumer.com Self-help services may not be permitted in all states. Syracuse, NY 13202 5) Helping you establish a good record-keeping system. This collection is being published as images become available. Sub-series 2, ca. Jamaica, NY 11435. You can ask the Surrogates Court to let you divide and give away their property to people who have a legal right to inherit. Microfilm: Filmed by Genealogical Society of Utah. Between 1830 and 1847 the Court of Chancery shared with the Surrogate's Court the power to take proof of wills when the testator or the witnesses resided out of state. LETTERS TESTAMENTARY AND "I had to get that corrected and that ended up taking 10 weeks," she said. Indexes: 1) Index to testators at front of each volume; 2) William A. D. Eardeley, "Index to Wills of New York State from 1653 to 1815" (typescript, 1941), pp. Be aware that the spouse named may not be the parent of the children listed, The records may omit the names of deceased family members and those who have previously received an inheritance, When looking for a person who had a common name, look at all the entries for the name before deciding which is correct, There is also some variation in the information given from one record to another record, The death date, residence, and other facts that were current at the time of the probate proceeding are quite reliable, though there is still a chance of misinformation, Check for variant spellings of the surnames, Check for an index. Tel. Welcome to Estate Probate Surrogate Courts, your guide to surrogate courts in Queens, Brooklyn & NYC. Do they answer your questions? New York City Surrogate's Courts - N.Y. State Courts Probate and trust work is also highly regional -- an experienced attorney who knows the probate court in your area will be able to work more effectively with the judges and lawyers in that courthouse. All filings will be reviewed by department personnel in the order of the date they have been uploaded. Do you understand how you are being charged and what you are paying for? Albany, NY 12207 Department Phone Directory This is a great lawyer, helped me every step of the way, 11835 Queens Blvd . For most estates, 5-10 copies is plenty. Probate is a process that takes place in court. Probate. These states recognize a legal relationship between two people who lived together as if they were married, and held themselves out to the world as if they were married, but never legally were married under that state's laws. You will be contacted by e-mail if further documents or corrections are necessary. The purpose of probate is to make sure that a deceased person's wishes are respected and that their property is distributed as directed by their will. The Queens County Surrogates Court continues to require more time than usual to review submissions, advising E-Filers that it will take up to eight weeks to review documents. Because of this there may be limitations on where and how images and indexes are available or who can see them. Queens County Supreme Court Civil Term - 1. Surrogate Court NYC311 Instead, the executor or personal representative can file some simple paperwork and then pay the last bills and expenses, identify the property, and distribute it to the beneficiaries. If the decedent is survived by a spouse, the spouse is usually appointed as the administrator. 1900; statutory provision repealed in 1964 ), 19802-78, -97; also Surrogate's Court in each county; local historical society in a few counties (some courts have discarded old estate inventories), J0043-92,J1032-04,J1033-04,J0033-82; New York County Surrogate's Court, J0039-85,J0039-04,J0033-82,J0032-83, -85, card index to wills, available on reel 1 of GSU microfilm, Berthold Fernow, comp., Calendar of Wills on File and Recorded in the Offices of the Clerk of the Court of Appeals, of the County Clerk at Albany, and of the Secretary of State (Albany: 1896; repr. Contents: Original wills and scattered other documents relating to probate of wills and administration of estates. Baltimore: 1967, 1991) (cited as "Vol. Most of the letters are for estates of persons who died intestate (without a will). Identify and gather all of the trust's assets. Citations help you keep track of places you have searched and sources you have found. [Helpful guide to records of Surrogate's Courts. ). sealed your family member's Queens residence? Local Forms | NYCOURTS.GOV - Judiciary of New York Find someone that you trust and that you feel that you can work with easily. Until 1802 the Court of Chancery had the exclusive power to appoint legal guardians for minor heirs, and shared this power with the Surrogate's Court between 1802 and 1847. Subway: F, E and J trains to Sutphin Boulevard. Probate Records - New York State Archives The person named in the will as the executor, or personal representative, is appointed by the court. William A. D. Eardeley, "Index to Wills of New York State from 1653 to 1815" (typescript, 1941), pp. Most but not all testators resided in New York City, Long Island, Staten Island, or Westchester County. Queens County,SURROGATE'S Court: July 14, 2022 | New York Law Journal Ray C. Sawyer, "Index of New York State Wills, 1662-1850, on File at the Office of the Surrogate for New York County," 2 vols. The Archives also has small groups of wills probated by the higher State courts prior to 1847; and out-of-state wills filed in the Secretary of State's office, 1823-1966. How to get a Tax ID Number for a Trust or Estate in Queens County, What Taxes Need to Be Filed After Someone Dies, What Residents Need to Know About Capital Gains Taxes. Necessary documents: Original certified death certificate (cannot be returned) Copy of police property clerk invoice(s), if any c. If The value of the estate is more than $50,000 [ ] and There is a Will and you are named in it: Probate Dept Room 504 (646) 386-5004 Application: Petition for Probate (see Probate Proceeding Checklist) At the end of the main list are other lists of documents transferred, such as inventories, accounts of administrators, etc. For example, in most states, if a person dies and leaves behind no spouse but two living children, those children would inherit the estate, in equal shares. . There are lots of lawyers out there. (716) 588-0497, Orchard Park Law Office Queens County Surrogate's Court - Information, Address and Departments The New York Surrogates Court Monitor investigates and reports the secret, hidden, and unwritten rules of New Yorks difficult to navigate probate court. Queens County Surrogate's Court - Experienced Buffalo Lawyers If you find assets that are held by a trust, you'll need to locate the trust document to be able to transfer them. But if you need more as the process of administering a trust or estate goes on, you can order more yourself by contacting the state or county's vital records office. 90 State Street, Suite 700-F Website Users should not act upon this information without seeking professional legal counsel. This Collection consists of images of probate records and proceedings from the Queens County Surrogate's Court in Jamaica, New York. If no one else comes forward with an original will for that person, and no other evidence can be found that another will was created, the court may accept a copy of a will. ft.; 16 rolls of microfilm). If all you can find is a copy, you can submit that to the probate court and explain to the court that you couldn't locate the original. Fees for those proceedings can be found here. Our top choice is none other than theLaw Offices Of Roman Aminov, a firm that holds the coveted AVVO Perfect 10 rating. He is admitted to practice law in New York. The Queens County Surrogate Court will manage small estate administration, also referred to as voluntary administration, when the assets of the decedent do not exceed $30,000 in value. Estate Administration Queens County Surrogates Court handles estates where the person who died did not have a will. Created By: New York State Unified . Post, comp., Index to Wills Proved in Supreme Court, Court of Common Pleas, County Court and Court of Probates, and on File in Office of Clerk of Court of Appeals (New York: 1899) (indexes only wills affecting title to real property located within present five boroughs of New York City). This page has been viewed 9,531 times (596 via redirect). New York, Queens County Probate Records, 1785-1950, Step-by-Step New York Research, 1880-Present, Beginning Research in United States Probate Records, United States, How to Use Probate Records, Research Steps for United States Probate Records, Queens County, New York Free Public Records Directory, Restrictions for Viewing Images in FamilySearch Historical Record Collections, Queens County, accounting records, 1823-1899, Queens County, administration records, 1787-1899, Queens County, miscellaneous probate records, 1880-1899, Queens County, mixed proceedings, 1938-1943, Queens County, mixed proceedings, 1899-1932, 1899-1932, Queens County, mixed proceedings, 1933-1937, Queens County, probate records, ca. All of these things matter. Queens County Clerks Office participates in the e-file "NYSCEF" system. Because the assets that have been transferred into the trust are legally owned by the trust (and not by the person who contributed those assets), the Grantor's estate will not have to go through probate because it will fall under a state's small estates limit, if their biggest assets are held in the trust and only a few, small assets are held in their individual names. However, the New York State Archives holds two large groups of probate records: wills, inventories, and other documents recorded, filed, or maintained by the colonial Prerogative Court, 1686-1783, and its successor, the State Court of Probates, 1778-1823; and wills from the New York County Surrogate's Court, 1787-1879. But in the case of a living trust, your clue to the existence of a trust will be account statements or property deeds that show the ownership of the account to be something like this, "Nila Smatherton, as Trustee of the Nila Smatherton Trust." ed. 224 Harrison Street, Ste 210 The court will set a date for the hearing on the probate of the will, and if no one appears, then the court will grant the probate.
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