I have all papers ready. Missing the Affidavit of Delay. No idea what to write and how to. My parents both died, one 2000 and the other 2010. No will. I have to file for Letters of Administration for the home they left. Please advise. I can not find anything on the web. Thank you in Advance.
If you can't find what you need on the Nassau County Surrogate's Court web site, I would recommend giving a call over to their Administration department. They can likely send you the proper form.
The link below is for the Surrogate Court's forms. If you cannot find what you're looking for, then you should contact the Court for some guidance. They won't give you legal advice, but they can probably get you a template or example form.
I don't think I've ever seen an official form for an affidavit of delay in Surrogate's Court, but the Administration department in Surrogate's Court in various counties sometimes do maintain sample forms, so you can check there. Beyond that, an affidavit of delay is a relatively simple document that seeks to do no more than to explain why so much time passed after the decedent's death before the administration proceeding was commenced.
While you have every right to do this administraton proceeding on your own, if you have a question about so simple a matter as an affidavit of delay, you might be best advised to have an attorney.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
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