One of the most important papers that are part of all estate cases is a death certificate. While this statement appears obvious, the presentation of the certificate to the Court and the information contained therein can create roadblocks and issues that need to be overcome. A New York City estate administration lawyer is familiar with the Court requirement that a death certificate must be presented to the Court when a petition is filed seeking to probate a Last Will or to obtain letters of administration.
One problem presented with the need for the certificate is that sometimes there is a delay in obtaining the certificate. Typically, in New York City estates, the local funeral home obtains certified copies of the certificates from the New York City Department of Vital Records. However, this may take some time. Additional issues may arise if the decedent, who may have been a New York resident or domiciliary, dies out of state. I have seen many instances where a person dies out of state. When this occurs, the New York Surrogate’s Court often requires an affidavit explaining the reason for the decedent being out of state and showing that the decedent was a New York domiciliary. Continue reading