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Rec'd from NY atty : she did not accept service of Probate Citation.We have requested a Supplemental Citation. Meaning please?

Dix Hills, NY |

In December 2005 a family member died in NY and originally the county said there was no will. Subsequently, and before anything was done with the estate, a will was located with an attorney. The estate is being handled by a law firm hired by the County Administrator. My two siblings and I are named in the will as 3 of the 4 beneficiaries. We have no legal standing as the attorneys represent the Public Administrator. However, it seems crazy that 3 years later a VERY SIMPLE will has still not been through probate and the assets distributed. Yesterday was the latest date that the lawyers were to appear in probate court (twice before sent back for errors made by attorneys). This is what the lawyers told us. What does it mean?

Attorney Answers 1


  1. A supplemental citation is necessary when an individual on the original citation could not be served. All parties on the citation must be served in order for jurisdiction to be complete. Those individuals out of state are served by mail, but any individuals residing in the State of New York must be served personally. If an individual is avoiding service, the supplemental citation fixes a new date by which service must be completed. If the individual continues to avoid service, the attorney for the Public Administrator may need to request that service be completed in a different way - such as by mail.

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