The New York WD-3 form is a legal document used in Surrogate's Court for the administration of a deceased person's estate. This form allows the administrator to request approval for settling a wrongful death claim and to provide an account of the estate's financial activities. It includes details about the decedent, the claims made, and the distribution of funds among interested parties.
The New York WD-3 form is a crucial document used in Surrogate’s Court when an administrator seeks to settle a wrongful death claim on behalf of a deceased individual. This form outlines the administrator's account of their actions regarding the estate, detailing the claim against the responsible party, typically an insurance company, and the circumstances surrounding the decedent’s death. It includes essential information such as the issuance of Letters of Administration, which grants the administrator authority to manage the estate, albeit limited to prosecuting the wrongful death claim. The WD-3 also provides a breakdown of financial transactions, including payments made for funeral expenses and attorney fees, as well as any claims from creditors. Additionally, the form requires the administrator to list all interested parties entitled to share in the proceeds of the settlement, ensuring transparency in the distribution of funds. By submitting this form, the administrator seeks the court's approval to compromise the claim and settle the estate's affairs, thereby fulfilling their fiduciary responsibilities while adhering to legal requirements.
This is not true. The WD-3 form can be used for estates of various sizes. It is designed to handle the administration of an estate, regardless of its value, as long as there is a wrongful death claim involved.
While legal representation is often beneficial, it is not mandatory. Individuals can file the WD-3 form on their own, provided they understand the requirements and processes involved.
Although the form often involves claims against insurance companies, it can also pertain to other wrongful death claims. The key factor is the nature of the claim, not the party being claimed against.
Filing the form does not guarantee a successful settlement. It is simply a step in the process of seeking compensation for wrongful death. The outcome will depend on the specifics of the case.
There is no strict timeline for filing the WD-3 form. However, it is advisable to file it in a timely manner to ensure that the estate is settled efficiently and to avoid potential complications.
This is incorrect. While it is important to disclose known claims, the WD-3 form can be filed even if there are outstanding debts, as long as those debts are properly noted in the account.
While the form may seem complex at first glance, it is structured to guide the administrator through the necessary steps. With careful attention to the instructions, individuals can complete it successfully.
When filling out the New York WD-3 form, it is essential to follow specific guidelines to ensure the process runs smoothly. Here are seven things you should and shouldn't do:
Form WD-3 (4/98)
SURROGATE’S COURT OF THE STATE OF NEW YORK
COUNTY OF
In the Matter of the Application of
as Administrat
of the Goods, Chattels and
Credits which were of
ACCOUNT
Deceased.
File #
For leave to compromise a certain cause of action for
wrongful death of the decedent and to render and have
judicially settled an account of the proceedings as such
Administrat
.
TO THE SURROGATE’S COURT:
1. I
do render the following account of my
proceedings as administrat
of the goods, chattels and credits which were of
,
deceased, consisting of a claim against
, who is insured by
Insurance Company, for wrongful death arising on or about
as the result of an automobile accident involving the decedent and
2.Letters of Administration of the goods, chattels and credits of the decedent were issued to me on
_______________________, said letters being limited to the prosecution only, and not for the collection of any proceeds of, any action or claim for wrongful death. Simultaneously herewith, leave is being asked to
compromise the claim for wrongful death of the decedent for the sum of $
3.There is submitted with this account my petition as administrat________; and affidavit by
,Esq., attorney for the petitioner herein; a copy of the paid funeral bill; and waivers of the necessary parties.
4.In view of the facts and circumstances, it is my opinion that a satisfactory result has been achieved through the efforts of my attorneys, and they are requesting disbursements in the sum of
$
and that they receive thereafter a fee of
% of the net proceeds.
5.
The funeral bill in the sum of $
has been paid through no-fault insurance.
6.There are no outstanding hospital bills or doctors’ bills.
7.The only property coming into my hands is by reason of the compromise of the claim against the
Insurance Company in the sum of $
8. The decedent left surviving no other next of kin except
his/her widow/widower, and
his/her children. All of the above persons are entitled to share in the proceeds of the compromise.
(NOTE: WHERE THERE ARE NO DISTRIBUTEES UNDER A DISABILITY, THE RENDERING OF AN ACCOUNT IS USUALLY NOT REQUIRED.)
(NOTE: REIMBURSEMENT OF FUNDS PAID FOR FUNERAL AND OTHER ADMINISTRATIVE EXPENSES, UNDER MOST CIRCUMSTANCES, ARE ALLOWABLE, AS ARE STATUTORY COMMISSIONS TO THE ADMINISTRAT(OR)(RIX). IF REIMBURSEMENT OR COMMISSIONS ARE NOT SOUGHT, THE PETITION SHOULD CONTAIN A WAIVER THEREOF).
9.There are no other claims or creditors of the estate that have been presented to or have come into my hands or knowledge except for the following:
a)The Commissioner of Social Services has submitted a claim of $
for public assistance rendered to decedent and his/her family for the years
. This claim was rejected.
b)
has submitted a claim for $
based on
This claim was rejected.
c) Decedent’s father/mother,
has sought a share of the recovery based on an alleged pecuniary loss. This claim was rejected.
10. The following are the only persons interested in this proceeding:
[L IST NAMES OF DISTRIBUTEES, ETC .]
NAME
RELATIONSHIP
DATE OF BIRTH
County Department
of Social Services
Possible Creditor
New York State Tax Commission
Attorneys
Defendant
Insurance Company
Defendant’s Insurance Company
11.I charge myself as follows with the amount to be received on compromise of the claim for wrongful death against
Insurance Company:
-2-
12. I credit myself as follows:
a) With the amount to be paid to
Esqs., attorneys, including disbursements:
b) With the amount to be paid to
widow/widower and distributee: (
%)
c) With the amount to be paid to the guardian of the person
and property of
infant, jointly with the Trust Officer of
Bank (
%):
d) with the amount to be paid to
son/daughter (
Total:
Leaving no balance.
Dated:
STATE OF NEW YORK
SS.:
being duly sworn, deposes and says:
That I am the administrat_______ /accountant in the above estate, having been duly appointed by a
decree of this Court.
The foregoing account of proceedings contains to the best of my knowledge and belief a true and complete statement of my receipts and disbursements in the estate of
of all monies and other property belonging to the estate or fund which have come into my hands or which have been received by any person or persons by my order or authority for use since my appointment, and a full and true statement of account of the manner in which I have disposed of same and all property remaining in my hands at the present time, and a full and true account of the nature of each and every transaction may by me since my appointment.
I do not know of any error or omission in said account to the prejudice of any person interested in
said estate or fund.
___________________________________
Sworn to before me this
day of
Notary Public
(Form WD-3)
-3-
The New York WD-3 form is used to apply for permission to compromise a wrongful death claim on behalf of a decedent's estate. It allows the administrator to present an account of their proceedings, ensuring transparency and accountability in the handling of the estate's assets. This form is crucial for obtaining court approval before settling any claims related to wrongful death.
The form must be completed by the appointed administrator of the decedent's estate. This individual is responsible for managing the estate’s assets and liabilities. They must provide a detailed account of all transactions related to the wrongful death claim and any disbursements made on behalf of the estate.
To complete the WD-3 form, the administrator will need the following information:
Once the WD-3 form is submitted to the Surrogate’s Court, the court will review the application. If everything is in order and the court finds the proposed settlement to be fair and reasonable, it will grant permission to compromise the wrongful death claim. The administrator will then be able to proceed with the settlement and distribute the proceeds accordingly.
Yes, there may be fees associated with filing the WD-3 form, including court filing fees. Additionally, the administrator may need to pay attorney fees for legal representation during the process. It is important to budget for these expenses when preparing to file the form.
Yes, if there are changes or new information that arises after the WD-3 form has been submitted, the administrator can file an amended version. However, it is advisable to consult with an attorney to ensure that the amendments are properly documented and submitted to the court.
If there are no distributees under a disability, the rendering of an account may not be required. However, it is still recommended to seek legal advice to understand the implications of this situation and ensure compliance with all legal requirements.
Filling out the New York WD-3 form is an important step in the process of managing a wrongful death claim. This form allows the administrator of the estate to present an account of their actions and seek approval for the compromise of the claim. Below are the steps to help you complete the form accurately.
Filling out the New York WD-3 form can be a complex task, and mistakes can lead to delays or complications in the legal process. One common mistake is failing to include all required information. Each section of the form must be completed accurately. Omitting details such as the decedent's full name or the specific amount of the claim can create confusion and may result in the form being rejected.
Another frequent error involves incorrect dates. It is essential to ensure that all dates, especially the date of the decedent's death and the date of the letters of administration, are filled in correctly. Inaccurate dates can lead to questions about the validity of the claims and the timeline of events.
People sometimes neglect to provide supporting documents. The WD-3 form requires accompanying documents, such as an affidavit from the attorney and a copy of the paid funeral bill. Failing to submit these documents can hinder the approval process and may require additional court appearances.
In addition, individuals may miscalculate financial figures. It is crucial to double-check all amounts listed, including disbursements and fees. Errors in calculations can lead to disputes among interested parties and may delay the settlement process.
Another mistake involves not properly identifying all interested parties. The form requires listing all distributees and potential creditors. Missing a party can complicate the proceedings and may lead to legal challenges later on.
Some individuals may also overlook the importance of signatures. The WD-3 form must be signed by the administrator and notarized. Failing to do so can render the form invalid, requiring resubmission.
Additionally, people sometimes misunderstand the waiver section. If reimbursement for funeral and administrative expenses is not sought, this must be explicitly stated. Misunderstanding this requirement can lead to unnecessary complications in the approval process.
Lastly, individuals may not seek guidance when needed. Consulting with an attorney or legal expert can help ensure that the form is filled out correctly and completely. Seeking assistance can prevent many common mistakes and facilitate a smoother process.
Filling out the New York WD-3 form is an important step for administrators managing a wrongful death claim. Here are key takeaways to consider:
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