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The Court Inventory form is an essential document used in the Surrogate’s Court of New York to outline the assets of a deceased person's estate. This form serves multiple purposes, primarily to provide a comprehensive list of the decedent's gross estate for tax purposes. It requires the fiduciary or attorney to certify the accuracy of the information presented. Key components include a detailed inventory of assets, which can consist of real estate, stocks, bonds, and insurance policies, among others. The form also captures the date of death and the type of letters issued, which are necessary for legal proceedings. Additionally, it allows for the inclusion of various schedules that categorize assets as non-probate, jointly owned, or held in trust. Attachments such as a detailed list of assets or specific tax forms may also be required, ensuring compliance with tax laws. By clearly delineating the estate's assets, this form plays a critical role in the administration of the estate and any potential tax obligations that may arise.

Sample - Court Inventory Form

SURROGATE’S COURT OF THE STATE OF NEW YORK

 

COUNTY

In The Matter of the Estate of

LIST OF ASSETS/INVENTORY

 

 

(Rule §207.20(a))

_______________________________

 

 

 

Deceased.

FILE NUMBER ________________________

The undersigned, a fiduciary or an attorney for the above estate, certifies that the following recapitulation constitutes the gross estate (for tax purposes) of the above decedent. The following documents are attached:

[ ] a detailed list of assets; or a copy of one of the following: [ ] Form ET-90; [ ] Form TT-385; [ ] Form 706 or Form 706NA.

IF FORM ET-90 IS ATTACHED, ALL RIGHTS TO SECRECY UNDER TAX LAW §994 ARE WAIVED

Date of Death: __________________ Date of Letters: _________________ Type of Letters: _________________________

Name of Each Fiduciary: _____________________________________________________________________________________

(Address, if changed): _______________________________________________________________________________

RECAPITULATION OF

 

Non-Probate, Joint

Individually Owned By

ATTACHED SCHEDULES:

 

or Trust Property

Decedent or Payable to

 

 

 

 

 

Estate

A.

Real Estate

 

$

_________________

$ _________________

B.

Stocks and Bonds

 

_________________

_________________

C.

Mortgages, Notes, Cash, etc.

 

_________________

_________________

D.

Insurance on Decedent’s Life

 

_________________

_________________

E.

Jointly Owned Property

 

_________________

_________________

F.

Miscellaneous & Trust Property

 

_________________

_________________

G.

Transfers During Decedent’s Life

 

_________________

_________________

H.

Powers of Appointment

 

_________________

_________________

I.

Annuities

 

 

_________________

_________________

 

TOTALS

 

$

_________________

$ _________________

Cause of Action Pending for

 

Filing Fee Under §2402(7)

_________________

Wrongful Death or Conscious

 

Filing Fee Initially Paid

_________________

Pain and Suffering:

 

 

Balance (Refund) Due

_________________

Amount Claimed

$________________

 

 

 

 

 

 

 

Certified to be true on ______________, 20_____

 

ATTORNEY

 

 

 

 

Name: ______________________________

 

________________________________________

Address: ____________________________

 

Signature

 

______________________________

 

________________________________________

Phone: ______________________________

 

Print Name

I-1

5/2013

 

 

 

 

GROSS ASSETS

(Attach Additional Page If Necessary)

A.

REAL ESTATE (Individually owned property)

 

 

Description

Date of Death Value

____________________________________________

_______________________________

____________________________________________

_______________________________

____________________________________________

_______________________________

B.

STOCKS AND BONDS (Individually Owned)

 

 

Description, Including Face Amount of Bonds

 

 

and Number of Shares

 

Date of Death Value

____________________________________________

___________________________________

____________________________________________

___________________________________

____________________________________________

___________________________________

C. MORTGAGES, NOTES AND CASH (Including Bank Deposits) (Jointly owned property should be reported at E and trust property at F)

Description

Date of Death Value

____________________________________________

____________________________________

____________________________________________

____________________________________

____________________________________________

____________________________________

D. INSURANCE ON DECEDENT’S LIFE

(1)Payable to Estate

Description

Date of Death Value

_________________________________________

_________________________________

_________________________________________

_________________________________

(2)

Payable to Named Beneficiary

 

Description

Date of Death Value

_________________________________________

__________________________________

_________________________________________

__________________________________

E.JOINTLY OWNED PROPERTY (Real and Personal Property)

(1)Real Estate

 

 

Joint

 

Description

Tenant

Date of Death Value

________________________________

_________________

_______________________

________________________________

_________________

_______________________

(2)

Stocks and Bonds

 

 

 

 

Joint

 

Description

Tenant

Date of Death Value

________________________________

_________________

________________________

________________________________

_________________

________________________

(3)Mortgages, Notes and Cash

 

Joint

 

Description

Tenant

Date of Death Value

________________________________

_________________

_________________________

________________________________

_________________

_________________________

F.OTHER MISCELLANEOUS PROPERTY

(1)Individually Owned

Description

 

Date of Death Value

________________________________

__________________

_________________________

________________________________

__________________

_________________________

(2)Firearms (Check appropriate box)

[

] Yes, see attached Firearms Inventory Form

Date of Death Value

[

] None

___________________________________

(3)Assets Passing to the Estate from Employment

 

Description

Date of Death Value

____________________________________________

___________________________________

____________________________________________

___________________________________

 

(4)

Trust Property

 

 

Description

Date of Death Value

____________________________________________

___________________________________

____________________________________________

___________________________________

G.

TRANSFERS DURING DECEDENT’S LIFE

 

 

Description

Date of Death Value

_____________________________________________

___________________________________

_____________________________________________

___________________________________

H.

POWERS OF APPOINTMENT

 

 

Description

Date of Death Value

_____________________________________________

___________________________________

_____________________________________________

___________________________________

I.

ANNUITIES

 

 

Description

Date of Death Value

_____________________________________________

___________________________________

_____________________________________________

___________________________________

CAUSE OF ACTION for decedent’s wrongful death and for conscious pain and suffering, as well as any other type of action.

 

Court in which

Index

Amount

Description

Action Pending

Number

Demanded

__________________

____________________

_______________

_________________

__________________

____________________

_______________

_________________

File Specs

Fact Name Description
Governing Law This form is governed by New York Surrogate's Court Rule §207.20(a).
Purpose The form is used to list the assets of a deceased person's estate for tax purposes.
Fiduciary Certification A fiduciary or attorney must certify the accuracy of the information provided.
Attachments Required It may require attachments like a detailed list of assets or specific tax forms.
Date of Death The form requires the date of death of the decedent to be filled in.
Asset Categories Assets are categorized into real estate, stocks, bonds, and more.
Jointly Owned Property Jointly owned property must be reported separately from individually owned assets.
Cause of Action The form allows for the listing of any pending legal actions related to the estate.

Court Inventory - Usage Guidelines

Completing the Court Inventory form is an essential step in the estate administration process. After filling out this form, you will submit it to the Surrogate’s Court along with any required documentation. This helps ensure that the estate is properly accounted for and that all necessary information is provided to the court.

  1. Obtain the Form: Start by downloading or requesting the Court Inventory form from the Surrogate’s Court website or office.
  2. Fill in the Header: At the top of the form, enter the name of the county, the decedent's name, and the file number assigned to the estate.
  3. Enter Dates: Record the date of death and the date of letters issued, along with the type of letters (e.g., Letters Testamentary or Letters of Administration).
  4. List the Fiduciary: Write the name of each fiduciary involved in the estate administration. If their address has changed, include the new address as well.
  5. Complete the Recapitulation: Fill out the recapitulation section by listing the values of non-probate, jointly owned, and individually owned assets. Ensure that each category (A through I) is accurately completed with the respective values.
  6. Attach Required Documents: Indicate which documents are attached, such as a detailed list of assets or relevant tax forms (ET-90, TT-385, 706, or 706NA).
  7. Certification: Sign and date the certification section, confirming that the information provided is true and accurate.
  8. Detail Gross Assets: In the gross assets section, provide detailed descriptions, dates of death, and values for real estate, stocks, bonds, mortgages, insurance, jointly owned property, and any miscellaneous assets.
  9. Complete Cause of Action Section: If applicable, provide details regarding any pending cause of action, including the court, index number, and amount demanded.
  10. Review and Submit: Before submitting, carefully review the entire form for accuracy. Ensure that all necessary documentation is attached and submit the completed form to the Surrogate’s Court.

Your Questions, Answered

What is the purpose of the Court Inventory form?

The Court Inventory form serves to provide a comprehensive list of the assets belonging to a deceased individual. It is essential for the estate administration process, particularly for tax purposes. This form helps ensure that all assets are accounted for and reported to the Surrogate’s Court in New York.

Who is responsible for completing the Court Inventory form?

The form must be completed by a fiduciary, which could be an executor or administrator of the estate, or an attorney representing the estate. This individual is tasked with accurately reporting the assets of the deceased to the court.

What information is required on the Court Inventory form?

The form requires various details, including the decedent's name, date of death, and a detailed list of assets. It also includes sections for real estate, stocks, bonds, insurance, and any jointly owned property. Additionally, the form asks for a recapitulation of the gross estate, which summarizes the total value of the assets.

What documents need to be attached to the Court Inventory form?

Along with the form, you must attach a detailed list of assets or one of several specific tax forms, such as Form ET-90, Form TT-385, or Form 706. If Form ET-90 is included, it indicates that the rights to secrecy under tax law are waived.

What are the different categories of assets listed on the form?

The form categorizes assets into several sections: Real Estate, Stocks and Bonds, Mortgages and Cash, Insurance on the decedent’s life, Jointly Owned Property, Miscellaneous and Trust Property, Transfers During Life, Powers of Appointment, and Annuities. Each category requires specific details about the assets, including their value at the time of the decedent's death.

How is the total value of the estate calculated?

The total value of the estate is calculated by summing the values listed in each asset category. This total is crucial for tax assessments and for the court's understanding of the estate's worth.

What happens if there are assets not listed on the form?

If there are additional assets not included in the initial submission, it is important to report them as soon as possible. This may require submitting an amended form or additional documentation to ensure the court has a complete picture of the estate.

What is the significance of the date of death on the form?

The date of death is critical because it establishes the valuation date for the assets. The value of the estate is determined based on what the assets were worth on this date, which is essential for accurate tax reporting and estate distribution.

How does the Court Inventory form affect the estate settlement process?

The information provided in the Court Inventory form directly influences the estate settlement process. It helps the court determine the validity of claims against the estate, assesses taxes owed, and facilitates the distribution of assets to beneficiaries. A complete and accurate form can help expedite the overall process.

Common mistakes

  1. Failing to provide a detailed list of assets as required. This list is crucial for accurately assessing the estate's value.

  2. Not including all necessary documentation. Attachments like Form ET-90 or Form 706 are essential for completeness.

  3. Omitting the date of death. This date is vital for determining the value of assets at the time of the decedent's passing.

  4. Incorrectly reporting the value of assets. Ensure that the values reflect the fair market value as of the date of death.

  5. Neglecting to sign the form. The signature certifies the accuracy of the information provided.

  6. Failing to list jointly owned property correctly. Jointly owned assets should be reported separately from individually owned assets.

  7. Not specifying the type of letters issued. This information is necessary to clarify the fiduciary's authority.

  8. Leaving out transfers during the decedent’s life. All relevant transfers must be documented to provide a complete picture of the estate.

  9. Inaccurately reporting insurance policies. Both policies payable to the estate and those payable to beneficiaries must be listed.

  10. Not updating the address of the fiduciary if it has changed. Keeping this information current is essential for communication.

Documents used along the form

When navigating the complexities of estate management, several documents accompany the Court Inventory form to ensure a comprehensive understanding of the estate's assets and obligations. Each of these forms serves a unique purpose, providing clarity and structure to the process. Below is a list of commonly used documents that are often required alongside the Court Inventory form.

  • Form ET-90: This form is used to waive the right to secrecy under Tax Law §994. It is essential when tax matters related to the estate are involved, ensuring transparency in the reporting of the estate's financial obligations.
  • Form TT-385: This form is utilized for the transfer of real property. It helps in documenting the transfer of ownership and is particularly important in cases where property is jointly owned or transferred to a trust.
  • Form 706: Known as the United States Estate (and Generation-Skipping Transfer) Tax Return, this form is required for estates that exceed a certain value threshold. It provides a detailed account of the estate's assets for tax assessment purposes.
  • Form 706-NA: This is a variant of Form 706 used specifically for non-resident aliens. It addresses the unique tax considerations applicable to estates of individuals who were not U.S. citizens at the time of their death.
  • Firearms Inventory Form: If the decedent owned firearms, this form is necessary to document their details. It ensures compliance with laws governing the transfer and ownership of firearms.
  • Death Certificate: This official document confirms the decedent's passing and is often required for various legal proceedings, including the initiation of estate management processes.
  • Will: The decedent's last will and testament outlines their wishes regarding the distribution of assets. It is a critical document that guides the executor in fulfilling the decedent's intentions.

Each of these documents plays a pivotal role in the estate administration process. Understanding their purposes and ensuring they are accurately completed can significantly ease the burden of managing an estate during a challenging time. It is advisable to consult with a knowledgeable professional to navigate these requirements effectively.

Similar forms

The Court Inventory form shares similarities with the Affidavit of Heirship. Both documents are used in the context of estate management, providing a comprehensive overview of an individual’s assets after their death. The Affidavit of Heirship is often filed to establish the rightful heirs of an estate, detailing the relationship of each heir to the deceased. Like the Court Inventory, it requires accurate reporting of assets and can include property, financial accounts, and other holdings. Both forms aim to clarify the estate's composition, ensuring that all parties involved understand what is at stake and who stands to inherit.

Another document that resembles the Court Inventory form is the Estate Tax Return, specifically Form 706. This form is used to report the value of a deceased person's estate for tax purposes. Similar to the Court Inventory, it requires a detailed listing of all assets, including real estate, stocks, and other financial instruments. Both documents serve to provide a clear financial picture of the estate, ensuring compliance with tax laws and facilitating the proper distribution of assets. The information contained in both forms can be crucial for settling debts and distributing the estate according to the deceased's wishes.

The Will also shares some characteristics with the Court Inventory form. While the Will outlines the deceased’s wishes regarding the distribution of their assets, the Court Inventory serves as a factual representation of what those assets are. Both documents play a vital role in the probate process, as they help guide the executor in managing the estate. The Will typically specifies beneficiaries and their entitlements, while the Court Inventory provides a detailed account of what is available for distribution. Together, they ensure that the estate is handled according to the deceased’s intentions.

Lastly, the Petition for Letters Testamentary is similar to the Court Inventory form in that both are essential components of the probate process. The Petition for Letters Testamentary is filed to request the court's permission for an executor to manage the estate. Like the Court Inventory, this petition requires detailed information about the deceased’s assets and debts. Both documents work in tandem to facilitate the administration of the estate, ensuring that the executor has the legal authority to act on behalf of the deceased and that all assets are accounted for in the probate proceedings.

Dos and Don'ts

When filling out the Court Inventory form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are five important dos and don'ts:

  • Do provide complete and accurate information about the decedent’s assets.
  • Do attach all necessary documents, such as a detailed list of assets or relevant tax forms.
  • Do double-check the values reported for each asset category to avoid discrepancies.
  • Do sign and date the form to certify its accuracy.
  • Do consult with a legal professional if you have questions about the form or the process.
  • Don’t leave any sections blank; incomplete forms may delay processing.
  • Don’t underestimate the value of assets; report fair market value as of the date of death.
  • Don’t submit the form without reviewing all attached documents for completeness.
  • Don’t ignore deadlines for submission; timely filing is crucial.
  • Don’t provide false information, as this can lead to legal consequences.

Misconceptions

Understanding the Court Inventory form can be challenging, and several misconceptions often arise. Here are five common misunderstandings about this important document:

  • Misconception 1: The Court Inventory form is only necessary for large estates.
  • Many people believe that only estates with significant assets need to file this form. In reality, the form is required for all estates, regardless of size, to ensure a complete accounting of the decedent's assets.

  • Misconception 2: The form is only for probate assets.
  • Some individuals think the Court Inventory form only pertains to probate assets. However, it also includes non-probate assets, such as jointly owned property and trust assets, which must be reported for a comprehensive estate evaluation.

  • Misconception 3: Filing the form is a one-time requirement.
  • It’s a common belief that once the Court Inventory form is filed, no further action is needed. In fact, the inventory may need updates or amendments as new information comes to light or as additional assets are discovered.

  • Misconception 4: The form does not require professional assistance.
  • Some people assume they can complete the form without help. While it is possible to fill out the form independently, seeking professional guidance can help avoid errors and ensure compliance with all legal requirements.

  • Misconception 5: The information on the form is confidential.
  • Many believe that the details provided in the Court Inventory form remain confidential. However, this information is generally public and can be accessed by interested parties, which is important to consider when preparing the document.

Key takeaways

Filling out and using the Court Inventory form is a crucial step in managing an estate. Here are key takeaways to ensure accuracy and compliance:

  • Ensure you have the correct file number and the name of the deceased at the top of the form.
  • Attach all required documents, such as a detailed list of assets or specific tax forms.
  • Be mindful of the date of death and the date of letters issued, as these are essential for processing.
  • List all assets accurately, categorizing them as real estate, stocks, bonds, and more.
  • Include both jointly owned and individually owned properties in the appropriate sections.
  • Provide details for each asset, including descriptions and values as of the date of death.
  • Make sure to report any transfers made during the decedent’s life.
  • Verify that the totals for non-probate and probate assets are correctly calculated.
  • Sign and date the form to certify its accuracy; this is a legal requirement.
  • Keep copies of the completed form and all attached documents for your records.

Completing the Court Inventory form accurately is vital. It ensures compliance with legal requirements and aids in the efficient management of the estate.