What to Do First

• Contact Social Security.
• Locate the decedent's Will.
• If the decedent was a veteran, investigate the veteran's benefits.
• Obtain one or more original Death Certificates, with a seal, from the funeral director.
• Secure all estate assets, especially the house and valuables. If there are multiple heirs, an inventory may be prudent.
• Start a checklist of estate debts, such as medical expenses, charge accounts, utility bills, etc.
• Start a checklist of estate assets, such as bank accounts, stocks, credit unions, etc.

If There Is a Last Will and Testament

The named Executor in the Last Will and Testament should provide the following items to the Surrogate’s Court by delivery, fax, email or mail:

• Probate Fact Sheet Available in our Forms section
• Copy of the Death Certificate
• Copy of the Last Will and Testament

Upon our receipt of these documents, we will contact the applicant to discuss if additional information is needed or to arrange for the signing of the documents by the applicant to be qualified and formally appointed as Executor.  At the time these documents are signed, the applicant will need to provide the original death certificate with raised seal, the original Last Will and Testament and the required fee. Fees may be paid by cash or check.  We do not accept credit or debit cards.

Please note that an Executor cannot be appointed until the 11th day after death, however, application for Probate can be made at any time.

Upon receipt of all the documents, we will issue Surrogate's Certificates and Letters Testamentary.  These are used to get access to assets or property of the decedent. They are proof of the Executor's authority to act for the estate.

If There is No Last Will and Testament

An Administrator is appointed by the Surrogate’s Court when there is no Last Will & Testament.  The surviving spouse has the first right to apply to be Administrator or if there is no spouse then appointment is done in the following order:  The issue or children of the decedent, the parents of the decedent, the siblings of the decedent and then further removed next of kin.

The person applying to be the Administrator should provide the following items to the Surrogate’s Court by delivery, fax, email or mail:

• Administration Fact Sheet available in our Forms section; or
• Spousal Affidavit Fact Sheet available in our Forms section, but only if gross value of the estate is less than $50,000.00; or
• Next of Kin Affidavit Fact Sheet available in our Forms section, but only if there is no surviving spouse and the gross value of the estate is less than $20,000.00.
• Copy of the Death Certificate

Upon our receipt of these documents we will contact the applicant to discuss if additional information is needed or to arrange for the signing of the documents by the applicant to be qualified and appointed as Administrator.  At the time these documents are signed, the applicant will need to provide the original Death Certificate with raised seal and the required fee. Fees may be paid by cash or check.  We do not accept credit or debit cards.