Proving NY situs for ancillary probate assets
Dear Listmates, I have a practical question arising in a New York County ancillary probate matter for a non-domiciliary decedent. The decedent was a Spanish domiciliary who held approximately $240,000 in two bank accounts at Chase: one checking and one savings. The Surrogate’s Court requires an affidavit of jurisdiction establishing a New York nexus for the accounts before it will proceed further, and Chase’s deceased person division is unhelpful in providing confirmation of branch opening or account location. Has anyone dealt with this issue before? In particular, I would appreciate any practical guidance on the following: What New York County Surrogate's Court has accepted as sufficient proof of situs for a non-domiciliary deposit account; Whether proof short of a formal bank letter has been accepted, such as account statements, banker correspondence, or other account records; and Whether anyone has successfully addressed this issue under SCPA 206/208 without a direct branch-opening confirmation from the bank. Any practical suggestions would be greatly appreciated. Kind regards, Jason D. Jones, Esq. (he/him) *Law Office of Jason D. Jones, P.C.* *745 Fifth Avenue, Suite 500* *New York, New York 10151* *Phone: (646) 768-4248* *Fax: (212) 207-3111* *Email: NYEstatePlanning@jdjlaw.com <NYEstatePlanning@jdjlaw.com> * *Website: www.jdjlaw.com <http://www.jdjlaw.com/>* + Please consider the environment before printing this email. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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Jason D. Jones