Surrogate Court for Petition of Probate New York - COMBINED VERIFICATION, OATH AND DESIGNATION what is SS In NY, when filling out forms for Petition of Probate, it reads the following: COMBINED VERIFICATION, OATH AND DESIGNATION [For use when petitioner is an individual] STATE OF NEW YORK )_______ COUNTY OF _________ ss.________ What is the ss? Is that social security number of the petitioner or something else? Page 5. https://www.nycourts.gov/LegacyPDFS/FORMS/surrogates/pdfs/Probate.pdf
The &quot;SS&quot; is a standard part of a the notarization language on a document which is known as the &quot;jurat&quot; of a document. The “SS” stands for the Latin term “scilicet” which means &quot;in particular&quot; or &quot;namely&quot; and simply indicates that the place where the document was signed is described in the preceding bracketed portion of the jurat. You do not have mark anything or fill in any additional information on the “SS” designation itself. Completing the areas marked &quot;State of ________&quot; and &quot;County of _________&quot; with the location where the notarization takes place is where you enter the necessary information for the venue portion of this form. You are no doubt confused because one of the possible jurats for the form (the one for an individual petitioner) has a fill in the blank line which I have screen shotted below: The inclusion of a line to fill in following &quot;ss.&quot; on the form is a drafting error in the form, which is not repeated in the other jurats on the form, probably because the person who drafted the form didn't know what it meant. Another Flaw In The Form The same portion of the form also has another drafting error although a less innocent one and it appears in all of the jurats on that form. It should have omitted the words &quot;New York&quot; because it is not mandatory to actually notarize the Petition at a location that is physically within the State of New York, even though usually this is what will be done. On the other hand there was a requirement to sign the document in New York State, in contrast (which there isn't) then the fill in the blank line following &quot;New York&quot; should have been omitted. This is a case of someone gratuitously including an apparent extra-statutory requirement in a form (probably because they often have to reject forms if the state isn't filled in at all), without an explanation that &quot;New York&quot; may be crossed out and replaced with another state in the space following the name of the state.
Bob's will leaves everything to Abby. Bob has a brokerage account solely in his name with no TOD on the account. Bob then dies. It is my understanding that for Abby to get the money, you have to go through probate. Am I right about that? Yes, this has to go through probate. I have been told that when you are leaving everything to a spouse you can skip probate. I am thinking that is wrong. You are correct. This said, in a very small dollar estate (e.g. $20,000, with the actual dollar amount varying state by state), some states allow you to transfer assets by affidavit rather than via the probate process, if the sold heir at all and will beneficiary are the same and there are no unpaid creditors with a claim against those funds. New Jersey has two sets of small estate procedures for estates under $50,000. The cutoff is sometimes $10,000, sometimes $20,000, and sometimes $50,000 depending upon the circumstances and the nature of the simplified process sought. It isn't clear to me that they apply in cases where the decedent has a will and therefore is not intestate. Small Estates General Summary: Small Estate laws were enacted in order to enable heirs to obtain property of the deceased without probate, or with shortened probate proceedings, provided certain conditions are met. Small estates can be administered with less time and cost. If the deceased had conveyed most property to a trust but there remains some property, small estate laws may also be available. Small Estate procedures may generally be used regardless of whether there was a Will. In general, the two forms of small estate procedures are recognized: Small Estate Affidavit -Some States allow an affidavit to be executed by the spouse and/or heirs of the deceased and present the affidavit to the holder of property such as a bank to obtain property of the deceased. Other states require that the affidavit be filed with the Court. The main requirement before you may use an affidavit is that the value of the personal and/or real property of the estate not exceed a certain value. Summary Administration -Some states allow a Summary administration. Some States recognize both the Small Estate affidavit and Summary Administration, basing the requirement of which one to use on the value of the estate. Example: If the estate value is 10,000 or less an affidavit is allowed but if the value is between 10,000 to 20,000 a summary administration is allowed. New Jersey Summary: Under New Jersey statute, where as estate is valued at less than $50,000, a surviving spouse, partner in a civil union, or domestic partner, may present an affidavit of a small estate before the Superior Court. Upon the execution and filing of the affidavit, the surviving spouse shall have all of the rights, powers and duties of an administrator duly appointed for the estate. New Jersey: New Jersey requirements are set forth in the statutes below. TITLE 3B ADMINISTRATION OF ESTATES–DECEDENTS AND OTHERS 3B:10-3. When spouse, partner in a civil union, or domestic partner entitled to assets without administration. Where the total value of the real and personal assets of the estate of an intestate will not exceed $50,000, the surviving spouse, partner in a civil union, or domestic partner upon the execution of an affidavit before the Surrogate of the county where the intestate resided at his death, or, if then nonresident in this State, where any of the assets are located, or before the Superior Court, shall be entitled absolutely to all the real and personal assets without administration, and the assets of the estate up to $10,000 shall be free from all debts of the intestate. Upon the execution and filing of the affidavit as provided in this section, the surviving spouse, partner in a civil union, or domestic partner shall have all of the rights, powers and duties of an administrator duly appointed for the estate. The surviving spouse, partner in a civil union, or domestic partner may be sued and required to account as if he had been appointed administrator by the Surrogate or the Superior Court. The affidavit shall state that the affiant is the surviving spouse, partner in a civil union, or domestic partner of the intestate and that the value of the intestate’s real and personal assets will not exceed $50,000, and shall set forth the residence of the intestate at his death, and specifically the nature, location and value of the intestate’s real and personal assets. The affidavit shall be filed and recorded in the office of such Surrogate or, if the proceeding is before the Superior Court, then in the office of the clerk of that court. Where the affiant is domiciled outside this State, the Surrogate may authorize in writing that the affidavit be executed in the affiant’s domicile before any of the officers authorized by R.S.46:14-6.1 to take acknowledgments or proofs. amended 1983, c.246, s.1; 2004, c.132, s.77; 2005, c.331, s.24; 2015, c.232, s.1. 3B:10-4. When heirs entitled to assets without administration Where the total value of the real and personal assets of the estate of an intestate will not exceed $20,000 and the intestate leaves no surviving spouse, partner in a civil union, or domestic partner, and one of his heirs shall have obtained the consent in writing of the remaining heirs, if any, and shall have executed before the Surrogate of the county where the intestate resided at his death, or, if then nonresident in this State, where any of the intestate’s assets are located, or before the Superior Court, the affidavit herein provided for, shall be entitled to receive the assets of the intestate of the benefit of all the heirs and creditors without administration or entering into a bond. Upon executing the affidavit, and upon filing it and the consent, he shall have all the rights, powers and duties of an administrator duly appointed for the estate and may be sued and required to account as if he had been appointed administrator by the Surrogate or the Superior Court. The affidavit shall set forth the residence of the intestate at his death, the names, residences and relationships of all of the heirs and specifically the nature, location and value of the real and personal assets and also a statement that the value of the intestate’s real and personal assets will not exceed $20,000. The consent and the affidavit shall be filed and recorded, in the office of the Surrogate or, if the proceeding is before the Superior Court, then in the office of the clerk of that court. Where the affiant is domiciled outside this State, the Surrogate may authorize in writing that the affidavit be executed in the affiant’s domicile before any of the officers authorized by R.S.46:14-6.1 to take acknowledgments or proofs. amended 1983, c.246, s.2; 2004, c.132, s.78; 2005, c.331, s.25; 2015, c.232, s.2. The consent and the affidavit shall be filed and recorded, in the office of the surrogate or, if the proceeding is before the Superior Court, then in the office of the clerk of that court. Where the affiant is domiciled outside this State, the surrogate may authorize in writing that the affidavit be executed in the affiant’s domicile before any of the officers authorized by R.S. 46:14-7 and R.S. 46:14-8 to take acknowledgments or proofs.
As the answer by Iñaki Viggers says, you should submit an affidavit, not simply a letter to the court. An unsworn letter will probably not be admissible at all. It is common for a witness to tell his or her story to the lawyer for the side that wishes to use the affidavit, and for the lawyer to then draft the actual affidavit in such a way that it will be acceptable to the court where it will be used. Then the lawyer sends it to the affiant (the person who would be a witness if s/he came to court, who is making the affidavit) with instructions. Generally an affidavit must be notarized or otherwise sworn to in front of an appropriate official. However, a person can draft his or her own affidavit. It is usual for it to be headed with the name and case number of the case where it will be used. It should include a statement that everything in it is true, and that the affiant swears (or affirms) this under penalty of perjury. It should include only relevant facts that the affiant has personally witnessed, not anything heard from anyone else, or guessed at or deduced. The facts should be stated clearly and simply. The affidavit should be signed in the presence of a notary, who will witness the signature and the oath that the contents are true. This WikiHow page describes the process in detail, with a template form.
In the U.S., the common way to address this would be called a servitude among academics and legal scholars, although it would typically be titled either an &quot;easement&quot;, or more likely a &quot;covenant&quot; (which is the customary name at common law for a promise that runs with the land). It would typically be reduced to writing and executed by both parties and recorded with the same formalities as a deed (i.e. it would typically be signed and acknowledged before a notary public, would contain a legal description, and would be coded with both parties in the grantee-grantor index). In New Zealand, I suspect that the process would be similar. One complication in New Zealand that might make the formalities different is that, New Zealand has a title certificate based system of real property recording called a Torrens Title system which it adopted in 1870, rather than the less formally structured race-notice recording system that, in principle, allows almost anything to be recorded without requiring that it fit in a particular box of types of documents that are permitted. Since 2017, in New Zealand, valid legal interests in law do not arise unless they are recorded. Since 2017, the New Zealand system's official copies are also now entirely electronic. Covenants are governed by Sections 240-250 of the Land Transfer Title Act of 2017 and seem to correspond to the kind of contract described in the question.
The list is enormous. For example, if subpoenaed to appear in a legal case, you must appear pursuant to the order. If ordered to pay child support, you must pay child support. If you are an executive in a company, you may not act on the basis of non-private information regarding the company. Your comment that &quot;If it's not detailed on this list, you'll probably never be concerned with it, eg, gun registration laws and other situations that don't apply to most residents&quot; applies to a number of things on the list, for example most people are not called for jury duty, probably the majority of people are not subject to property tax requirements. most people do not have to register for the draft. By adding &quot;If X...&quot;, you can make these into universal rules – everybody that meets the filing requirements must file federal income taxes. Non-citizens have a few additional requirements, but they are a drop in the bucket compared to the general case, obey the law which applies to everyone.
The specific venue requirement is ORC 3101.05 which says that Each of the persons seeking a marriage license shall personally appear in the probate court within the county where either resides, or, if neither is a resident of this state, where the marriage is expected to be solemnized. If neither party is a resident of this state, the marriage may be solemnized only in the county where the license is obtained. To possibly make things worse, An applicant for a marriage license who knowingly makes a false statement in an application or affidavit prescribed by this section is guilty of falsification under section 2921.13 of the Revised Code. If they lied on the application regarding the venue, that's a large problem. Otherwise, violating 3101.05 is a minor misdemeanor, which could be a fine up to $150. There is no provision that would invalidate the marriage, other than specified prohibited marriages (not nearer of kin than second cousin, already married).
Is it normal under German law to just assume the accused will never go after a witness? This is not a question that can be answered here, or probably anywhere with any degree of certainty. The form seems to allow giving a different address (like a work address), but this seems to require a &quot;good reason&quot;. What are acceptable reasons? These include an imminent risk of serious detriment to her well-being and a well-founded reason to fear she (or anyone else) might be improperly influenced if she gives here address. Staying anonymous; She is asked to provide a written statement. SHORT ANSWER A witness is not obligated to give the material witness statement to the police. Instead, a witness is only obligated to appear before and make a statement to the German public prosecutor (Staatsanwalt). AND... every (potential) witness is obligated to give their particulars at the hearing, including full names, maiden name, age, occupation and place of residence. Some or all of these details may be omitted, however, if there is a specific risk. In those cases, the identity of the witness may be kept undisclosed. LONG ANSWER Book1, Chapter 6 of the German Code of Criminal Procedure, Strafprozeßordnung (StPO), gives the rules for examining, and protecting, witnesses. Section 48 (Obligations on witnesses; summons): (1) Witnesses shall be obliged to appear before the judge on the date set down for their examination. They shall have the duty to testify if no exception admissible by statute applies. (2) ... (3)... An examination shall, in particular, be made as to whether an imminent risk of serious detriment to the witness’s well-being requires measures to be taken pursuant to section 168e or section 247a, as to whether any of the witness’s overriding interests meriting protection require that the public be excluded pursuant to section 171b (1) of the Courts Constitution Act and as to what extent it is possible to refrain from asking non-essential questions concerning the witness’s personal sphere of life pursuant to section 68a (1) [see below] Account is, further, to be taken of the witness’s personal situation and the nature and circumstances of the offence. Section 68 (Examination as to witness’s identity; limitation of information, victim protection): (1) The examination shall begin with the witness being asked to state his first name, last name, name at birth, age, occupation and place of residence... (2) A witness shall, furthermore, be permitted to state his business address or place of work or another address at which documents can be served instead of stating his place of residence if there is well-founded reason to fear that legally protected interests of the witness or of another person might be endangered or that witnesses or another person might be improperly influenced if the witness states his place of residence. If the conditions of sentence 1 obtain at the main hearing, the presiding judge shall permit the witness not to state his place of residence. (3) If there is well-founded reason to fear that revealing the identity or the place of residence or whereabouts of the witness would endanger the witness’s or another person’s life, limb or liberty, the witness may be permitted not to provide personal identification data or to provide such data only in respect of an earlier identity. However, if so asked at the main hearing, he shall be required to state in what capacity the facts he is indicating became known to him. (4) ... (5) Subsections (2) to (4) shall also apply after conclusion of the examination of the witness. Insofar as the witness was permitted not to provide data, it must be ensured in the course of the provision of information from or inspection of the files that these data are not made known to other persons, unless a danger within the meaning of subsections (2) and (3) appears to be ruled out. Section 68a (Limitation of right to ask questions to protect privacy): (1) Questions concerning facts which might dishonour the witness ... or which concern their personal sphere of life are to be asked only if they cannot be dispensed with. Section 168e (Separate examination of witnesses): If there is an imminent risk of serious detriment to a witness’s well-being in the event of his being examined in the presence of persons entitled to be present and if that risk cannot be averted in some other way, the judge shall examine the witness separately from those entitled to be present. There shall be simultaneous audio-visual transmission of the examination to the latter. The rights of participation of those entitled to be present shall otherwise remain unaffected. Sections 58a and 241a shall apply accordingly. The decision referred to in sentence 1 shall not be contestable. Section 247a (Order for witness examination via audio-visual means): (1) If there is an imminent risk of serious detriment to the well-being of the witness were he to be examined in the presence of those attending the main hearing, the court may order that the witness remain in another place during the examination; such an order shall also be admissible under the conditions of section 251 (2) insofar as this is necessary to establish the truth. The decision shall not be contestable. Simultaneous audio-visual transmission of the testimony shall be provided in the courtroom. The testimony shall be recorded if there is a concern that the witness will not be available for examination at a future main hearing and the recording is necessary to establish the truth. Section 58a (2) shall apply accordingly.
There is not uniformity of law on this question, which is usually decided in the period after a death, but before a will is admitted to probate or an executor is appointed (typically in three to five days). As a result, the legal jurisdiction (usually a country or sub-national state or autonomous region) involved matters a great deal. For example, Italy used to presume that you did not want organ donation if you didn't execute a document during life saying that you did, and now has the opposite presumption. Similarly, many jurisdictions used to give a blood relative priority over a same sex partner, but now recognize a civil union or same sex marriage as having priority over a blood relative. Some jurisdictions give you some say over, for example, whether your body's organs will be donated or your body will be used for medical research. Some have formal documents that can be drafted and there are such things as "negative" provisions that are documents saying who cannot do something with your body. Other jurisdictions, as user6726 suggests, have a fixed priority system for determining who is next of kin and that applies strictly. Needless to say, a critical issue is how any such directive would be enforced. Obviously you, being dead, can't do that, and documents don't simply crawl out of desk drawers and walk themselves into court houses after your death either. Your wishes will never be enforced unless someone takes it upon themselves at the critical moment, to take action, and in that case, local law determines under what circumstances that person's statement regarding your wishes will be honored. Often, the person who might step up to take action doesn't learn of your death and of the location of your body until it is too late. If you die in circumstances where your identity is unknown, or where no relatives can be located and no directives can be located, some public official or whomever else ends up in possession of your body (often a corner) will have to decide for themselves what to do without your input.