Everything

You Need Is
Right Here

Probate Checklist
NEW YORK EDITION
Being appointed as the personal
representative of an estate (executor or
administrator) can be a daunting task
that comes fraught with a complicated
array of duties, including filing a petition
for probate, which is the legal process
in which a decedent’s estate is settled.

People are counting on you, and you

can count on us. This probate checklist
is just a free tool we offer New Yorkers
to help clarify and simplify the probate
process. Our goal is to save you time
and money while reducing stress and
uncertainty by being a trusted guide
and taking a huge burden off your
shoulders.
 Although you may have already done this first step, we consider it
as an important part of the estate settlement process and prefer to
include it even if it is not part of the probate process.

Step 1. Immediate Arrangements

GOAL WHEN DURATION
Arrange for funeral Immediately after 5 to 10 days
death

Find estate planning documents, such as will or trust, if available.

Search for instructions regarding burial and anatomical gifts, if any.

Arrange for organ donation, if applicable.

Make funeral arrangements.

Obtain certified copies of death certificate (typically one for each real estate property
and bank account and one to submit to the Court)

Coordinate care for dependents and pets.

Notify Social Security Administration and pension administrators of death.

Coordinate with family members to notify friends and family of the passing.

ClearEstate can help with all the following steps of the estate
settlement process. We offer a free 1-hour consultation to guide
you through the process and answer any questions you may have.
Completely free of charge.

1-866-913-2911 hello@clearestate.com
 Step 2. Secure Decedent’s Assets
GOAL WHEN DURATION
Prepare for probate 10 to 45 days after 1 -3 weeks
by creating an the funeral
inventory of all
assets and liabilities.

Find and secure all assets: home, contents of the home, other real estate.

Notify all service providers: utility companies, landlord, property maintenance, alarm
company.

Obtain insurance for any vacant real estate.

Manage “digital assets” (like online accounts, photos and documents stored on line,
etc.).

Find and review all asset-related documents: deeds, property insurance, mortgage,
lease, business, investment, etc.

Notify post office to forward decedent’s mail to personal representative.

Review all documents relating to financial obligations: contracts, divorce

or separation agreement, court orders.

Secure personal property, business, vehicle, perishable goods, safety deposit box.

Find out about ongoing expenses and debts.

Stop all unnecessary expenses: subscriptions (magazine, newspaper), health care

(home care), memberships (gym, club, sports, auto, professional, etc), entertainment
(cable, satellite, websites), communication (telephone, cell phone, Internet).

Notify all holders of assets: bank, broker, investment advisor, insurer.

Cancel credit and debit cards.

1-866-913-2911 hello@clearestate.com
 ClearEstate’s Estate Settlement Solution helps create the
inventory of assets, automatically aggregates all financial assets
in a few clicks, and prepares the petition for probate in all 62
New York counties and has it reviewed by a licensed estate
attorney to ensure minimal delays for probate processing.

1-866-913-2911 hello@clearestate.com
 In New York, a probate proceeding may not be required to collect or
transfer certain personal property held in the decedent’s name
and having a value under $50,000.

Step 3. Determine Whether Probate

is Required
GOAL
Determine whether probate is required, as many property interests may be
transferred without a probate proceeding

WHEN DURATION
0 to 30 days after the funeral 2-3 weeks

Probate is not required to transfer certain types of property, including:

• joint tenancy assets and any assets owned as tenants by the entirety
with a surviving spouse;
• revocable transfer on death deed for real property;
• assets held in trust;
• retirement plans with beneficiaries designated, any bank or brokerage
account with beneficiaries designated;
• life insurance on decedent’s life with designated beneficiaries; and
• Social Security death and survivor benefits

If you have any questions regarding the probate process or nonprobate

property transfers, please contact ClearEstate to speak with an estate
administrator for your free 1-hour consultation.

1-866-913-2911 hello@clearestate.com
 Step 4. Prepare Petition for Probate
GOAL : In a probate case, the court supervises the personal representative as
they collect the assets of the estate, pay the estate’s debts and expenses, and
distribute the remainder of the estate to the beneficiaries.

WHEN DURATION
30 to 45 days after the funeral 1-2 weeks

Seek support from an estate professional: estate attorney or ClearEstate.

Determine which county has proper jurisdiction:

If decedent was domiciled in New York, the proper county is the county where dece-
dent was domiciled. If the decedent was not domiciled in New York, but owned real
property in New York or left a cause of action for wrongful death against a domiciliary
of New York, the proper jurisdiction is the county where the decedent owned real
property in New York or the domicile of the person against whom the non-domiciliary
decedent left a cause of action for wrongful death, as the case may be.

Obtain addresses for: beneficiaries named in the will (if applicable), issue of pre-
deceased beneficiaries, heirs identified in the petition, and executors and trustees
named in the will.

With the support of an estate professional, use mandatory Surrogate Court forms
to prepare the probate petition (P-1), Affidavit of Comparison (P-13), and Notice of
Probate (to be mailed to the beneficiaries named in the will) with affidavit of mailing
(P-6), found here.

If applicable, include with the petition: Waiver(s) of Process: Consent to Probate

forms (for non-petitioning distributees who are willing to execute) or Proposed Cita-
tion (if distributees will not execute Waiver of Process forms), and proposed Decree.

If bond is required, complete the surety application and secure bond (Court will ad-
vise if necessary).

1-866-913-2911 hello@clearestate.com
 File the petition with the Surrogate’s Court in the proper county, along with all the
required documents, including an original death certificate and the original Will, if ap-
plicable. The Surrogate’s Court charges a fee for filing the petition for probate, listed
below, plus an additional $6 per certificate of letters testamentary requested, and is
subject to change. Additional charges may be applied, depending on the county.

Value of Estate or Subject Matter Fee Rate

Less than $10,000 $45.00

$10,000 but under $20,000 $75.00
$20,000 but under $50,000 $215.00
$50,000 but under $100,000 $280.00
$100,000 but under $250,000 $420.00
$250,000 but under $500,000 $625.00
$500,000 and over $1,250.00

Obtain a citation return date, if applicable (i.e., if any of the distributees will not ex-
ecute the waiver of process form), properly serve citation on necessary parties, and
attend citation return date provided by the Court.

Did you know? Depending on the County, the wait time for a
citation return date is up to 3 months. Manage the beneficiaries’
expectations accordingly.

1-866-913-2911 hello@clearestate.com
 Step 5. Post-Appointment
as Personal Representative
GOAL WHEN DURATION
Collect and manage Immediately after 2 to 9 months
the decedent’s letters are issued
assets

File Notice of Fiduciary Relationship with the IRS (IRS Form 56).

Safeguard real and personal property.

Obtain employer identification number (EIN) from the IRS.

Open estate bank account using newly acquired EIN.

Transfer all decedent’s bank accounts to the estate account (obtain copies of the
bank statements covering the date of death to closure of account).

After bank account statements have been obtained and the estate account has been
established, close the decedent’s accounts.

Deposit all the proceeds from safes and safety deposit boxes in the estate account.

Transfer any brokerage accounts to the name of the estate and consider liquidating
stocks and bonds.

Collect any money owed to the deceased (including life insurance proceeds).

Check New York State Comptroller - Office of Unclaimed Funds website for any
unclaimed property in decedent’s name.

Inform insurance companies of decedent’s death so policies can be endorsed to

show you as the personal representative as the insured.

Gather any tax documents and obtain copies of state and federal income and gift tax
returns for prior years.

1-866-913-2911 hello@clearestate.com
 Complete and file application for New York State Release of Estate Tax Lien forms
(ET-117 and either ET-30 or ET-85) with the New York State Department of Taxation
and Finance if the decedent owned real property or shares of a cooperative
corporation that is subject to probate proceeding.

Consider sending a waiver accounting to beneficiaries.

Did you know? Compensation for the personal representative

and attorney for the personal representative are based on
the value of the probate estate and are listed in the New York
Surrogate’s Court Procedure Act. ClearEstate’s flat fee pricing
model saves the estate money and allows for the beneficiaries

1-866-913-2911 hello@clearestate.com
 Step 6. Prepare
Inventory and Appraisal
GOAL
Complete an Inventory of Assets of the estate and file with the Surrogate’s
Court

WHEN DURATION
Deadline for filing inventory is within 9 months after A couple of days
letters are issued

Court will include a blank Inventory of Assets form in the package they send
with the letters testamentary. This is a one page form that includes a listing
of the different types of assets owned by the decedent and the value range
must be filled in for each type of assets.

1-866-913-2911 hello@clearestate.com
 Step 7. Settle All Debts and
Address Tax Issues
GOAL
Ready the estate for distribution by settling the debts and addressing any
lingering tax issues

WHEN DURATION
After the 7 month period to file a claim against the 2 to 6 weeks
estate has elapsed

Review creditors claims filed, if any.

Allow or reject the creditors claims:

After a creditor claim is properly presented, the executor has 90 days to either
accept or reject the claim.
If the claim is accepted, then the claim will be paid.
If the claim is rejected, then the creditor can seek a determination from the
Surrogate’s Court as to the validity of the claim pursuant to the Surrogate’s Court
Procedure Act Section 1809. The creditor does so by filing a petition showing the
facts and praying that the executor be required to show cause why the claim should
not be allowed.

Schedule payment of all valid debts.

Make an appointment with an accountant, or your ClearEstate professional.

If estate tax return must be filed, the federal return is due 9 months after death (un-
less an extension is filed within the 9 month period).

Have ClearEstate or your accountant prepare and file federal and state income tax
returns for the decedent’s final tax year. It may also be necessary to prepare and file
income tax returns for prior years if the decedent failed to do so.

Have ClearEstate or your accountant prepare and file income tax returns for the
estate for each year through the year of final distribution. The estate is a separate
entity for federal and state income tax purposes, and it will be necessary for you to
file using the estate’s EIN.

1-866-913-2911 hello@clearestate.com
 Step 8. Final Distribution
and Closing the Estate
GOAL WHEN DURATION
Begin closing the estate No sooner than 7 1 to 6 months
months after the
issuance of letters

Closing of the estate may be done formally or informally:

• Informal Closing:
If all of the beneficiaries of the estate are adults and have the legal capacity
to sign a Receipt and Release, then the executor may prepare a summary
of the transactions of the estate, make copies of statements, account
information and related financial information available to the beneficiaries
who wish to review the estate’s transactions and prepare and distribute
to the beneficiaries a proposed distribution schedule with Receipts and
Releases. Upon receipt of the signed Receipts and Releases, the executor
will distribute the final distributions.

• Formal Closing:
If one or more of the beneficiaries does not want to sign the Receipt and
Release or if the beneficiary is not able to sign the Receipt and Release
due to incapacity, the executor must petition the Surrogate’s Court to
secure a discharge of the executor’s responsibilities to the estate.

A formal accounting will, in this case, be required using the official court
format for an accounting required under New York law. The Petition is filed
with the Court and the Court sets a date for the appearance of the Petitioner
(executor) and any beneficiary who wants to object to the accounting. A
beneficiary who objects has to state why he or she believes the executor
failed to act properly. Any beneficiary who does not voluntarily agree with
the Petition (by signing a Waiver and Consent) must be served with process
by the delivery, usually in person or by mail of the Petition and Citation.
The Citation states the date of the Court appearance. If an objection is
filed then the matter turns into a litigated accounting proceeding.

1-866-913-2911 hello@clearestate.com
 When determining what level of formality must be adhered to with the
accounting the executor should consider, among other things, the
comfort level of the executor and the relationship with and between the
beneficiaries.

In each of the options above you must:

State whether you intend to take your entitled statutory compensation and include
calculation of the fees

Determine if there is a need to hold a reserve for any closing expenses (such as es-
tate taxes, costs of transferring securities to distributees, cost of storage and ship-
ping to distributees, etc.).

I wish that I had contacted ClearEstate much sooner. I had

struggled to complete all the probate materials on my own,
something I would not suggest to anyone. After speaking
with ClearEstate I received so much valuable information to
assist me in this process, and regret that I did not seek their
assistance earlier.

- Arone, Trustpilot review

1-866-913-2911 hello@clearestate.com
 Step 9. Plan Ahead By
Handling Your Own Affairs
GOAL
You’ve just completed the MasterClass in estate settlement. Apply what
you learned throughout the process and create your own estate plan to
avoid probate

WHEN DURATION
As soon as possible 2 to 4 weeks

Prepare an estate plan with ClearEstate.

Complete your funeral pre-arrangements, which can be paid over several years.

Name designated beneficiaries on your assets, when applicable.

Contact your financial advisor to get information about life insurance products.

Adopt and use a password vault.

Store a file with all the information, will and passwords. Inform your loved ones of its
location.

1-866-913-2911 hello@clearestate.com
 Schedule your free consultation

Settling an estate means

lawyers, accountants,
repetitive paperwork, a lot of
time and a lot of money.
Or, ClearEstate.

1-866-913-2911 hello@clearestate.com