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The Court Inventory Form serves as a crucial document in managing the estate of a deceased individual in New York's Surrogate’s Court. This form is used to report and summarize the assets of the estate for tax purposes, providing a clear overview of the total valuation of all possessions, from real estate and bank accounts to stocks and insurance policies. Its structure enables fiduciaries or attorneys to certify the details essential for the probate process. Attached documentation, such as a detailed asset list or relevant tax forms, ensures that all financial components are accounted for. It is also necessary to disclose specific information, such as the decedent's date of death and the fiduciary's details, clarifying roles and responsibilities. By breaking down the estate into sections—like non-probate assets, jointly owned property, and transfers during the decedent's life—the form helps streamline the probate process. Compliance with requirements detailed in Rule §207.20(a) is essential to avoid delays or complications. Whether the estate includes residential properties or investment portfolios, the Court Inventory Form provides a comprehensive snapshot, aiding in the transparent and fair distribution of assets.

Form Sample

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

__________________

____________________

_______________

_________________

__________________

____________________

_______________

_________________

Document Specifications

Fact Name Fact Description
Governing Law The form is governed by Rule §207.20(a) of the Surrogate’s Court of New York.
Purpose This form lists the assets of a deceased individual for estate management and tax purposes.
Fiduciary Certification The fiduciary or attorney must certify the accuracy of the information provided.
Document Attachment A detailed list of assets must be attached, along with specific forms (ET-90, TT-385, 706, or 706NA).
Secrecy Waiver If Form ET-90 is attached, all rights to secrecy under Tax Law §994 are waived.
Date Requirements The form requires the Date of Death and Date of Letters for proper processing.
Asset Categories It outlines categories like Real Estate, Stocks, Bonds, Mortgages, and Insurance.
Total Assets The total gross assets must be calculated and documented in specific sections.
Cause of Action The form allows indication of any pending cause of action, including wrongful death claims.
Certification Date The attorney must certify the form, including the date of signature for validation.

Steps to Filling Out Court Inventory

The next steps involve accurately completing the Court Inventory form to ensure all necessary information is provided for the decedent's estate. This completion requires attention to detail and careful representation of assets according to established guidelines.

  1. Obtain the Court Inventory form from the Surrogate’s Court of New York or a reliable source.
  2. Fill in the "In The Matter of the Estate of" section with the deceased's name.
  3. Enter the file number in the designated space.
  4. Record the date of death and the date of letters issued.
  5. Indicate the type of letters in the specified field.
  6. List the name of each fiduciary associated with the estate.
  7. If applicable, provide the address of the fiduciary, if it has changed.
  8. Complete the recapitulation table for each category of assets (Real Estate, Stocks and Bonds, etc.), indicating values for assets owned by the decedent or payable to the estate.
  9. Ensure that all required documents are attached, selecting the appropriate options (detailed list of assets or tax forms).
  10. Complete the gross assets section with individual descriptions, date of death, and the value for each asset listed in the various categories.
  11. For any joint property, specify its details in the section for jointly owned property.
  12. Check any applicable boxes regarding firearms or miscellaneous property as needed.
  13. For any transfers made during the decedent's life, provide the necessary details in the transfers section.
  14. Document any powers of appointment and annuities, including their values.
  15. Complete any information regarding pending legal actions against the decedent's estate.
  16. Certify the information is correct by entering the date and signing the form.
  17. Provide contact information, including name, address, and phone number.

More About Court Inventory

What is the purpose of the Court Inventory form?

The Court Inventory form is designed to provide a clear and organized summary of the assets of a deceased individual's estate. It serves as a vital record for tax purposes and helps the court identify the total value of the estate. This form must be accurately completed by a fiduciary or an attorney representing the estate.

Who is required to complete the Court Inventory form?

Typically, a fiduciary or an appointed attorney for the estate must complete this form. A fiduciary could be an executor or administrator tasked with managing the estate. It’s their job to accurately account for all assets and liabilities of the deceased person.

What information is needed to fill out the Court Inventory form?

To complete the form, you will require detailed information about the deceased's assets, including but not limited to real estate, stocks, bonds, bank accounts, insurance policies, and any jointly owned properties. Information regarding outstanding debts and transfers made during the decedent's life is also necessary.

Are there any documents required to accompany the Court Inventory form?

Yes, you need to attach specific documents such as a detailed list of assets or, alternatively, copies of certain forms like Form ET-90, Form TT-385, or Form 706/706NA. The completion of the form ensures transparency and accuracy in the accounting of the estate.

What should I do if there are changes to the beneficiary's address?

If there are changes to the address of a fiduciary or beneficiary, it’s crucial to include the updated address on the form. Maintaining accurate contact information helps streamline communication with the court and ensures that all parties are notified of any important developments.

What happens if I fail to complete the Court Inventory form accurately?

Inaccurate or incomplete forms can lead to delays in the proceedings. The court may request revisions or additional documentation, which can prolong the process of estate settlement. In some cases, it may even lead to legal complications, so it’s critical to fill out the form with care and precision.

Where should the completed Court Inventory form be submitted?

The completed Court Inventory form should be submitted to the Surrogate’s Court in the appropriate county where the estate is being administered. It’s important to ensure it’s filed by any deadlines set by the court to avoid potential complications.

Common mistakes

  1. Not Including All Assets: Failing to list all assets, including both probate and non-probate assets, can lead to incomplete inventory submissions.

  2. Incorrect Valuation: Listing incorrect values for assets can create issues during the administrative and tax processes associated with the estate.

  3. Missing Documentation: Forgetting to attach required documents, such as Form ET-90 or a detailed asset list, may delay the inventory process.

  4. Improper Signatures: Not signing the form where indicated or having unauthorized individuals sign can invalidate the submission.

  5. Incorrect or Missing Dates: Failing to provide accurate dates of death or letters can hinder the processing of the court inventory.

  6. Listing Jointly Owned Property Incorrectly: Not reporting jointly owned property in the correct section can lead to valuation problems and misunderstandings.

  7. Forgetting to Include Personal Property: Neglecting to incorporate personal or miscellaneous property can result in an incomplete inventory.

  8. Inaccurate Cause of Action Information: Providing incorrect details about ongoing legal actions related to the decedent can complicate estate management.

  9. Not Updating Fiduciary Information: Failing to provide current contact information for the fiduciary can frustrate communication with the court.

  10. Not Reviewing the Completed Form: Skipping a final review of the inventory form before submission can lead to overlooked errors.

Documents used along the form

The Court Inventory form is a vital document in the Surrogate’s Court of New York. It lists the assets of a deceased person's estate for tax purposes. Several other forms and documents often accompany the Court Inventory to provide a fuller picture of the estate's financial situation. Here are a few of those documents:

  • Form ET-90: This form is used to waive certain rights to secrecy under New York's Tax Law. It helps clarify the estate's financial obligations and aids in processing the estate for tax purposes.
  • Form TT-385: This form relates to the New York estate tax return. It helps determine if any estate taxes are owed based on the value of the assets listed.
  • Form 706: This federal estate tax return is required if the estate exceeds a specific value threshold. It provides the IRS with details about the gross estate and the taxes owed.
  • Form 706NA: Similar to Form 706, this is specifically for non-resident aliens. It addresses similar tax issues tailored to the unique circumstances of foreign decedents.

Including these documents with the Court Inventory form ensures a comprehensive understanding of the estate's financial landscape. This clarity is crucial for heirs and beneficiaries navigating the next steps.

Similar forms

The Form ET-90 is similar to the Court Inventory form in that both serve as mechanisms to report the assets and financial matters of a deceased person’s estate. The ET-90, specifically, is used to report information to the New York State Department of Taxation and Finance. This document necessitates a detailed declaration of the deceased's assets for tax purposes, paralleling the Court Inventory form's focus on a comprehensive asset list. Each document aims to ensure accurate reporting and compliance with state regulations regarding the estate.

The Form TT-385 also shares similarities with the Court Inventory form. It is utilized to assess the estate of a deceased for the taxation process. Like the inventory form, TT-385 compiles pertinent asset information and aids in determining the estate's overall value for tax obligations. The requirements laid out in both documents emphasize thoroughness in asset disclosure to fulfill legal and tax-related responsibilities.

Form 706, or the United States Estate (and Generation-Skipping Transfer) Tax Return, mirrors certain elements of the Court Inventory form by providing a detailed account of the decedent’s gross estate for federal tax assessment. While Form 706 primarily serves federal tax purposes, it still requires asset enumeration that is akin to the asset listing required in the Court Inventory form. Both documents function as necessary reports that help administer estate settlement and tax assessments within their respective jurisdictions.

Similarly, Form 706NA, designated for non-resident aliens, aligns with the Court Inventory form in that it documents the gross estate for tax evaluation at the federal level. Although this form is tailored for a specific demographic, like the Court Inventory, it emphasizes the importance of a complete asset inventory, ensuring adequate compliance with tax regulations upon the decedent's passing.

The Last Will and Testament documents also bear resemblance to the Court Inventory form. These documents serve to outline the distribution of the deceased’s assets upon death, which mandates an understanding of what assets exist within the estate. In both cases, the listing of assets is an essential component, establishing clarity and order in handling the estate and its beneficiary designations.

The Asset Disclosure Statement functions similarly to the Court Inventory form by providing a comprehensive list of the assets held by the deceased at the time of death. This document plays an important role in ensuring transparency among interested parties and authorities, promoting an accurate understanding of the estate's financial standing, just like the inventory form does within the probate process.

The Declaration of Homestead can also be compared to the Court Inventory form. The Declaration of Homestead helps ascertain what property is protected under homestead laws, which often is an essential part of the estate. Both documents require detailed information about real property, emphasizing a clear picture of available assets that need to be managed after death.

Lastly, the Financial Affidavit shares elements with the Court Inventory form, as both documents require a detailed breakdown of assets, liabilities, and other financial obligations. The purpose of the Financial Affidavit is often to establish economic circumstances for legal proceedings, while the Court Inventory focuses on calculating the deceased's estate value. Nonetheless, both provide a comprehensive approach to understanding the financial landscape, whether during life or posthumously.

Dos and Don'ts

When filling out the Court Inventory form, it is important to follow certain guidelines to ensure accuracy and compliance. Below are essential points to consider:

  • Do ensure that all information is complete and accurate before submitting the form.
  • Do attach any necessary documents, such as a detailed list of assets or relevant tax forms.
  • Do review the value of each asset and ensure it reflects the date of death accurately.
  • Don't omit any assets, including non-probate or jointly owned properties.
  • Don't forget to include the date of death and the date of letters in the designated sections.
  • Don't leave any sections blank; if not applicable, indicate that with a clear note.
  • Do verify that the totals add up correctly and agree with the mentioned assets.
  • Do sign and date the form to validate your certification of the information provided.
  • Don't disregard any specific instructions related to the filing fees or potential claims arising from the decedent’s estate.

Misconceptions

Misconceptions about the Court Inventory form can lead to confusion for those managing an estate. Understanding these misconceptions is crucial for accurate preparation.

  • 1. All assets must be attached to the inventory. Many people think every single asset must be listed directly on the form. In reality, only a summary of the assets is needed. Detailed lists can be provided as attachments.
  • 2. The inventory is only for tax purposes. Some believe the inventory's sole purpose is for tax. While it helps for tax assessments, it also provides clarity on the deceased's estate.
  • 3. You cannot change the information after filing. There is a notion that once submitted, the inventory cannot be altered. However, updates can be made if new information comes to light.
  • 4. The inventory is required only in probate cases. Many assume this form is necessary only during probate. It applies to all estates, regardless of whether they go through probate.
  • 5. Only attorneys can complete the inventory. A common belief is that only lawyers can fill out this form. In fact, fiduciaries can also complete it accurately.
  • 6. Property held in trust does not need to be reported. Some think that trust property is excluded from the inventory. However, trust property should be noted in the inventory for full transparency.

Key takeaways

Completing the Court Inventory form requires careful attention to detail. Here are some key takeaways to ensure you meet all the necessary requirements:

  1. Identify All Assets: List all assets accurately, including real estate, stocks, bonds, and insurance. It’s essential to provide a complete picture of the estate's value.
  2. Use Attached Schedules: Make sure to attach the required documents and schedules. This may include Form ET-90, Form TT-385, or Form 706, depending on your situation.
  3. Report Jointly Owned Property: If assets are jointly owned, report them separately in the designated section. Provide relevant details like the names of all owners and the date of death value.
  4. Provide Correct Dates: Fill in the date of death and other important dates. This information is crucial for the assessment of the estate.
  5. Signature Requirements: Don’t forget to include the signature of the fiduciary or attorney. This certifies that the information provided is true and complete.
  6. Consider Legal Obligations: Understand that signing the form may waive certain rights. If Form ET-90 is attached, for instance, you're waiving rights to secrecy under specific tax laws.

Following these steps will help streamline the process and reduce potential issues with your estate filing.