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THOMAS P DiNAPOLI STATE COMPTROLLER110 STATE STRE Form

THOMAS P DiNAPOLI STATE COMPTROLLER110 STATE STRE Form

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Understanding the 1310 affidavit in New York

The 1310 affidavit is a legal document used in New York, specifically under the Surrogate's Court Procedure Act (SCPA). This affidavit is typically required when a person seeks to establish the right to inherit property or assets from a deceased individual, particularly when the decedent did not leave a will. It serves as a declaration of the affiant's relationship to the deceased and their entitlement to the estate.

Key elements of the 1310 affidavit

When preparing a 1310 affidavit, several key elements must be included to ensure its validity:

  • Affiant Information: The name, address, and relationship to the decedent of the person completing the affidavit.
  • Decedent Information: Full name, date of death, and last known address of the deceased individual.
  • Heirs at Law: A list of all potential heirs, including their names and relationships to the decedent.
  • Statement of Facts: A clear explanation of the circumstances surrounding the decedent's death and the absence of a will.
  • Signature and Notarization: The affidavit must be signed by the affiant and notarized to confirm its authenticity.

Steps to complete the 1310 affidavit

Completing a 1310 affidavit involves several steps:

  1. Gather necessary information about the decedent and potential heirs.
  2. Draft the affidavit, ensuring all required elements are included.
  3. Review the document for accuracy and completeness.
  4. Sign the affidavit in the presence of a notary public.
  5. File the affidavit with the appropriate Surrogate's Court in New York.

Legal use of the 1310 affidavit

The 1310 affidavit is legally binding and is used to facilitate the transfer of assets from a deceased person's estate to their rightful heirs. It is particularly important in cases where no formal probate process is initiated due to the absence of a will. The affidavit helps establish the legal standing of the affiant in claiming the decedent's assets.

Eligibility criteria for filing a 1310 affidavit

To file a 1310 affidavit in New York, the affiant must meet certain eligibility criteria:

  • The affiant must be an heir at law or a person entitled to inherit from the decedent.
  • The decedent must have died without a will.
  • The affiant must be willing to provide accurate information regarding the decedent and the heirs.

Required documents for the 1310 affidavit

In addition to the completed affidavit, several documents may be required when filing:

  • A certified copy of the decedent's death certificate.
  • Proof of relationship to the decedent, such as birth or marriage certificates.
  • Identification of the affiant, such as a driver's license or passport.

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