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New York Inheritance Law & Probate Procedure

New York PROBATE COURT FINDER:
- Probate Court for Monroe County: Key information about your local probate court (Surrogate"s Court Court in New York) for Monroe County.
How Probate Works in New York: How to handle the probate of an inheritance at Monroe County's probate court.
- Here are links to:
  - New York Probate Forms and the
  - New York State Probate Court Website.
Small Estates Procedures in New York: Learn how to use New York's Small Estate procedures that can save you time and money.
- There is no Affidavit procedure in New York. But there's a summary probate procedure available for estates with a gross value of $50,000 or less. (Gross value here means you do not subtract the liens and encumbrances like mortgages). This figure excludes amounts that must be set aside for surviving family members and real estate.
  
  N.Y. Surr. Ct. Proc. Act 1301.
  
  Forms available at www.nycourthelp.gov
New York Estate Taxes:
- The state of New York imposes an estate tax on property owned in New York. If you are inheriting property from the state of New York, it may be subject to estate tax if the overall value of the estate is more than $6,580,00.
Avoiding Probate in New York. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
- Transfer on Death Deeds (TODDs)

Bankruptcy & Debt

MEANS TEST CALCULATOR
- for Monroe County, New York (applies the state and county income and expense standards into your means test calculation. Updated with the latest median income and expense standards for May 15, 2024)
New York BANKRUPTCY EXEMPTION FINDER: Search detailed listings of bankruptcy exemptions under New York law and Federal law, for use in filing out Schedule C, when you file for bankruptcy.
- Federal Exemptions available in New York?:
  - Yes. N.Y. Debt. & Cred. Law § 285
- New York Homestead Exemption
  - Real property including co-op, condo, or mobile home, to $179,975 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $149,975 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $89,975 for the remaining counties in the state. (husband & wife may double)
- New York Vehicle Exemption
  - Motor vehicle to $4,825. $11,975 if vehicle equipped for a disabled person (husband & wife may double)
New York BANKRUPTCY COURT ESSENTIAL INFO: Get information about using your local bankruptcy court.
New York is divided into 4 federal districts with main cities in
- Albany, Syracuse (Northern District)
- Brooklyn (Eastern District)
- Buffalo, Rochester (Western District)
- New York, Poughkeepsie (Southern District)
FREE BANKRUPTCY FORMS:
We'll tell you which bankruptcy forms you need and where to find them.

New York Unemployment Benefits

Benefit Amounts in New York: Learn how unemployment works, how much you'll get, and for how long.
- Minimum:
  - $124 per week
- Maximum:
  - $504 per week
- Duration:
  - In New York, you can receive unemployment benefits for a maximum of 26 weeks under state law.
Eligibility: >Whether you qualify for unemployment.
How to Apply: How to apply for unemployment in New York.
- New York Department of Labor: Unemployment Division
  - 888-209-8124
Unemployment Office Near Me? How to find your local unemployment office.
COVID-19 Benefits: We tracked the rise and fall of COVID-19 unemployment benefit payments.
New York Wage & Hour Law
- New York Minimum Wage:
  - The minimum wage in New York is $15 an hour. Because this is higher than the federal minimum wage of $7.25, employees in Upstate New York must be paid at least $15 an hour. New York City, Long Island, and Westchester County all have higher minimum wages.
    
    Monroe County Minimum Wage
    
    The minimum wage in Monroe County is $15 an hour, the state minimum wage.
- Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in New York and whether they apply to you.
- Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in New York.
- Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in New York.
  - In New York, your employer may pay you less than the regular minimum wage, as long as you earn enough in tips to bring your total hourly pay up to the full minimum amount, $15 an hour. The cash minimum wage that must be paid to service employees depends on the industry and area in which you work; check out Minimum Wage for Tipped Workers for more information.