When a loved one has passed away, probate courts handle the legal process of an estate. An executor is appointed, legal notices are filed, the deceased's bills are paid and property is divided according to the will or the determination of the court in the event there is no will. The Surrogate's Court in Poughkeepsie can assist you in filing probate in Dutchess County, New York.
Contact the Dutchess County Surrogate's Court. Located in Poughkeepsie, the Dutchess County Surrogate's Court handles probate cases. Visit the Surrogate's Court office at 10 Market Street in Poughkeepsie or call 845-486-2235 and ask to speak to someone in the probate division. The office is open 9 a.m. to 5 p.m. on weekdays.
Obtain a probate filing form. Request a probate filing form from the probate department at the Surrogate's Court or obtain one online. Go the New York CourtHelp website (courts.state.ny.us) and click on the "Forms' link, then the "Surrogate's Court" link. This will take you to the New York State Unified Court System page. Click the "Probate forms" link. The various probate filing forms are available in different formats. Print the petition for probate form to begin the probate filing.
Complete the petition for probate form. The petition for probate form requires details on the deceased, including date and place of death, whether or not a will has been located and the names of survivors. In addition, the name of the will's executor should be provided or the individual recommended to be executor if one has not been named. Property and financial holdings of the deceased must also be listed. If you have a probate attorney, he will handle this process for you.
File for probate. Mail or deliver the petition for probate to the Dutchess County Surrogate's Court, 10 Market Street, Poughkeepsie, New York 12601. Filing fees vary depending on the number of forms you choose to file at this time. The probate department clerk will advise you of fees, as well as when your court date has been set. You will then appear before a Surrogate's Court judge to continue with the probate process.
