2 Warren's Heaton on Surrogate's Court Practice § 37.12


Summary

When the affidavit is completed and executed and notarized, the following papers must be filed with the clerk of the Surrogate’s Court:

  • 1.The original and a fully conformed copy of the affidavit of the voluntary administrator. (The copy is required under SCPA 1304(4) for the clerk to certify).1Link to the text of the note
  • 2.A certified copy of the decedent’s death certificate, no matter whether decedent is a domiciliary of New York or a non-domiciliary who died out of state. As a result, the fiduciary or the attorney for the estate may be faced with the task of obtaining a death certificate filed in a foreign jurisdiction, a sister state, a U.S. territory, or even a foreign country.2Link to the text of the note
  • 3.The will, if decedent died testate. The applicant cannot file a conformed copy of an ...