My mother died in a nursing home.
I was told that I must file a proceeding in Surrogate's Court to obtain the money in her personal account. What proceeding do I file?
Answer
If you are named as the sole beneficiary of the account with the right of survivorship, then the bank should automatically convert the account to your name. If not, and the total value of your late mother's assets including that account is under $50,000 (exclusive of certain types of property; the clerk of the court can provide more information as to whether you qualify), you must file a small estate proceeding. If over the small-estate monetary threshold, you must file a full administration or probate proceeding.