Summary
If estate documents are stolen in Rochester, NY, report the theft to the police and contact an attorney. You can obtain a copy of the will from the drafting attorney or local probate court. Without a will, file for an administration proceeding. Filing requires petitioning the Surrogates Court with details like the decedents date of death and list of heirs. Costs for a probate attorney vary widely. To conduct probate yourself, file a petition, notify parties, inventory assets, pay debts, and distribute assets. If you miss the school tax assessment contesting deadline, file a SCAR petition within 30 days of the final assessment roll.Full Conversation
How to retrieve stolen will and estate documents
Hello Melissa, sorry to hear about your situation. Can you please specify the location where this incident occurred? This will help me provide more accurate information.
Rochester, NY
Hi Melissa, in Rochester, NY, you may:
- Report the theft to the police
- Contact an attorney to discuss potential legal recourse
- Obtain a copy of the will from the attorney who drafted it, if available
- If probate has been filed, contact the local probate court for a copy.
Can you file for a probate with no legal documentation
In Rochester, NY, you generally need legal documents to file for probate. However, if you have no will:
- You may file for an administration proceeding instead of probate.
- This is done when the decedent dies intestate (without a will).
What to do if can't find parents will
In Rochester, NY, if you can't find your parents' will, you can:
- Conduct a thorough search of their belongings.
- Contact their attorney or bank for any stored documents.
- If unsuccessful, you may need to proceed as if they died intestate (without a will), and file for an administration proceeding.
How to file for administrative proceeding with no documentation
In Rochester, NY, to file an administration proceeding with no documentation:
- Petition the Surrogate's Court in the county where the decedent lived.
- Provide details like the decedent's date of death and list of heirs.
- The court may require additional information or evidence to proceed.
- Consider consulting a probate attorney.
How much does it cost for a probate attorney with no documentation
The cost of a probate attorney in Rochester, NY, can vary widely based on the complexity of the case. Typical fees range from a few thousand to tens of thousands of dollars. It's advisable to contact several attorneys to get a better estimate.
How to do a probate on my own.
In Rochester, NY, to conduct a probate on your own:
- File a petition to the Surrogate's Court in the decedent's county.
- Notify all interested parties.
- Inventory and appraise the estate's assets.
- Pay any debts or taxes owed.
- Distribute the remaining assets to the beneficiaries.
Consider hiring an attorney if the process becomes too complex.
What to do if you missed your school tax assessment contesting deadline
In Rochester, NY, if you missed your school tax assessment contesting deadline:
- You may still file a Small Claims Assessment Review (SCAR) petition within 30 days of the final assessment roll.
- If you missed that deadline too, you'll have to wait until the next assessment.
- Consult a local property tax attorney for more options.
How to file for SCAR petition
In Rochester, NY, to file a Small Claims Assessment Review (SCAR) petition:
- Obtain the "Petition for Small Claims Assessment Review (SCAR)" form from the New York State Unified Court System's website.
- Fill out the form completely.
- Submit it to the county clerk's office within 30 days of the final assessment roll.
- Pay the filing fee, if applicable.
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