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New York Practice Guide: Probate and Estate Administration
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


1-14 NY Practice Guide: Probate & Estate Admin 14.syn


Title

Letters of Administration De Bonis Non (D.B.N.)

Author

Elizabeth Hartnett; and;Geraldine P. Waldorf

Chapter Summary


ABSTRACT TEXT:

This chapter from New York Practice Guide: Probate & Estate Administration provides expert discussion, practice points, procedural guides, checklists and forms relating to issuance Letters of Administration De Bonis Non (D.B.N.) for an estate by a New York Surrogate Court. The chapter first discusses the term "de bonis nun" as referring to any person to whom letters of administration have been issued as a successor to an administrator, explaining that letters of administration d.b.n. thus may be granted when the office of the administrator becomes vacant because, for example of the administrator's death, resignation, removal or incapacity. It also discusses when a court may refuse to issue letters of administration d.b.n. if distribution of the estate is otherwise possible. It then describes who is eligible to receive letters of administration d.b.n. and the priority for receiving letters among eligible persons.

The chapter next provides a procedural guide and checklists for use in proceedings to obtain letters of administration d.b.n., describing both the procedure and the grounds and filing of objections as essentially the same as that used in an application for original letters of administration, noting, however, the additional petition requirements relating to information regarding the original proceeding and the necessity for issuance of letters of administration (d.b.n.). It includes forms of a citation for use in serving process on persons required to receive process, waivers of citation, renunciation, and consent to appointment of administrator d.b.n., and notice of application for letters of administration d.b.n., including notice to the consul general when the deceased or distributees were nonresidents of the United States.

The chapter further provides practice guidance when objections are filed and the court requires a settlement conference and describes the practice the Surrogate Court uses in conducting a hearing on the application. Finally, the chapter sets out the procedure for qualifying and obtaining a bond before letters of administration (d.b.n.) are issued and provides a form of a decree granting letters of administration (d.b.n.).

New York Practice Guide: Probate and Estate Administration (Matthew Bender) provides expert guidance on the essentials of probate and estate administration in New York State with in-depth analysis of state and federal statutes, case law, regulations, and statewide court rules presented in a format including legal background, a procedural guide, forms, and a reference guide. It contains broad-ranging coverage of the preliminary steps of probate and estate administration, settlement of small estates, probate of a will, letters of administration, administration of estate assets, taxation of wealth transfer, accounting of estate assets, and miscellaneous proceedings.

CORE TERMS:

New York,letters of administration d.b.n.,eligibility for administrator d.b.n.,objections to petition for letters of administration d.b.n.,citation and notice of application for letters of administration d.b.n.,de bonis nun

RELATED CHAPTERS: (View)

For discussion, checklists and forms for use in settlement of small estates see Ch. 2.

For related chapters for use in granting letters of administration, see Ch. 12, Temporary Administration; Ch. 13, Letters of Administration; Ch. 15, Guardians Ad Litem; Ch. 16, Guardians; and Ch 17, Guardians for Personal Needs and/or Property Management Under Mental Hygiene Law Article 81.

OTHER RELATED PUBLICATIONS:

See Warren's Heaton on Surrogate's Court Practice (Matthew Bender) for thorough coverage of New York probate and estates practice, including jurisdiction, probate proceedings, intestacy, appointment of representatives and guardians, administration of real and personal property, distribution, accounting, appeals, actions involving fiduciaries, federal and New York estate tax, and analysis of the SCPA and EPTL.

See LexisNexis AnswerGuide New York Surrogate's Court (Matthew Bender) for guidance on estates law and Surrogate's Court practice in New York, including checklists for virtually every transaction a practitioner must complete.

See New York Estate Administration (Matthew Bender) as a guide to primary legal sources and for comprehensive analysis of the substantive and procedural law of estate administration in New York Surrogate's Courts, including coverage of jurisdiction and procedure, probate proceedings, intestate administration, and claims and accountings.

See New York Civil Practice: SCPA (Matthew Bender) for examination of the law governing all proceedings brought in Surrogate's Court, including the full text of the SCPA with textual analysis of every section.
 
 
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