Albany County Surrogate's Court Address & Hours of Operation Albany County Courthouse 16 Eagle Street, Room 123 Albany, NY 12207 Phone: 518-285-8585 Fax: 518-285-8237 E-Mail: [email protected] Monday - Friday 9:00 a.m. - 5:00 p.m. (except State Holidays) Surrogate's Court Staff Judge Hon. Probate of Wills. Once lodged, the will becomes a public record, to be read by anyone who's interested in what it says. They can be filled out electronically, then printed. In some states, this person is called the personal representative. Use exit 4B (Clinton Ave). Open the Tools menu or click the gear symbol in the top right corner of your browser window and select Internet Options from the menu (its usually near the bottom of the list). SUCCESSOR EXECUTOR, Surrogate-P-14 PETITION FOR SUCCESSOR Instead, people keep their Wills and trusts in safe places -- sometimes in a safe deposit box at the bank, sometimes in a fireproof safe or cabinet at home, and sometimes just in a special box or drawer at home. Decree Granting Letters of Administration c.t.a. (1041 Schedule K-1) (2011), Beneficiary's Share of Income, Deductions, Credits, etc. They can be filled out electronically, then printed. Albany County Courthouse Once you find the proper office, you'll probably need the following information to request a certified copy of death certificate: Many states make a distinction betweenpersonalproperty and real propertywhen they set out the rules for which estates are small enough for either an Affidavit procedure or a summary probate procedure. Agency Origin: Albany County Surrogate's Court. Guardianship of persons who are intellectually disabled When it shall appear to the satisfaction of the court that a person is a person w. up.ARTICLE 17-A. . Bruce A. Hidley,Albany County Clerk 16 Eagle Street | Albany, NY 12207-1077 This is sometimes called "lodging" the will. It's entirely possible for someone to create a trust, ignore it for the next thirty years, and die with all of the major assets held in their own names, and not in the name of the trust. www.dos.ny.gov. Click here to read about the small estates procedure in nyate. Find 6 Child Support Offices within 41.8 miles of Chemung County Family Court. Any version less than Internet Explorer 11 may need a security upgrade. Probate Forms | NYCOURTS.GOV FORMS - Surrogate Court Forms Probate Forms The PDF version of these forms are FILLABLE. Most people store their wills with their other important papers, sometimes in a safe deposit box,sometimes in a fireproof safe or cabinet in their homes, sometimes just in a box with other important papers. Paul V. Morgan Law Clerk Lisa Buccini, Esq. Albany, NY 12207, Phone: 518-285-8585 (ADM/DBN-5), Petition for Letters of Administration d.b.n. ), there are presently six Surrogate's Courts that make their records available online: Queens County Westchester County Albany County Erie County Orleans County Monroe County This is not something that's only available to attorneys. Deputy Chief Clerk <>stream Albany County Clerk /Filter /FlateDecode copy of the death certificate with the small estate affidavit petition and other supporting documents in the Surrogate's Court in the county where the Decedent had their primary . Note: Failure of technology or electronic communication or unavailability of the facsimile will not release the requestor from timely filing as required by the Tax Law. Will dated September 1, 1766. An email address where you can be reached to discuss your request if necessary. Created By Granicus - Connecting People and Government, NYS Nonresident Real Property Estimated Income Tax Form, Petition for Small Claims Assessment Review (SCAR), Pistol Permits, Amendments & Gunsmith/Dealer Licenses. After someone dies, certified death certificates become necessary and useful documents. [email protected]. But if Kate had never transferred that account into her trust, and it was owned in her name alone, it would be the executor's job to deal with that account, not the trustee's. EF-23 Notice to County Clerk Amendment to Caption A fill-in-the-blanks form used to notify the County Clerk of an amendment to the caption based upon a stipulation of all parties, or as a matter of right under CPLR 1003. Accounting Forms | NYCOURTS.GOV FORMS - Surrogate Court Forms Accounting Forms The PDF version of these forms are FILLABLE. New York State requires filing of the Nonresident Real Property Estimated Income Tax Payment Form (IT-2663) when an out-of-state resident sells property in Albany County. /N 3 The beneficiaries and heirs will need to be notified of the death of the Grantor; the trust's assets will need to be identified and valued, the decedent's debts and expenses will have to be paid, the trust will need a tax identification number, a trust tax return may need to be filed, and, in the end, the trust's assets will need to be distributed to the beneficiaries. [email protected]. 16 Eagle Street, Room 123Albany, NY 12207, http://www.nycourts.gov/courthelp/WhenSomeoneDies/probate.shtml, http://ww2.nycourts.gov/courts/3jd/Forms/3JD-Forms.shtml. In most instances within New York, there is at least one Surrogate Court courthouse location within each county. {{{;}#tp8_\. Available DIY Forms. They however can NOT be submitted online, or saved. Please do not hesitate to contact our office by telephone with any questions. Witness, Hon. If the decedent owned real property, he/she owned it jointly with someone else and you don't . You can call the number on the Notice of Eviction and ask when your . APPOINTMENT OF Make an inventory of what's in the estate. Albany, NY 12231-0001 . For a Directory of all New York Probate Courts, see. next.SECTION 1750-B. This free program will help you create the affidavit that you will need to file in Surrogate's Court. Chemung County SCU (Elmira, NY - 0.9 miles) Schuyler County CSEU (Montour Falls, NY - 17.4 miles) Tioga County Child Support Enforcement (Owego, NY - 27.7 miles . A less costly and more informal alternative to a Tax Certiorari proceeding, the Small Claims Assessment Review (SCAR) provides property owners an opportunity to challenge the assessment on their real property. Albany County Court House, Room 128 Hug Law, PLLC, Albany (Matthew C. Hug of counsel), for appellant. Miscellaneous Forms | NYCOURTS.GOV FORMS - Surrogate Court Forms Miscellaneous Forms The PDF version of these forms are FILLABLE. (Corp.) (ADM/DBN-4), Notice of Application for Letters of Administration d.b.n. Legal questions cannot be answered by staff as we are precluded, by law, from offering legal advice. Go to the 2nd traffic light and turn right on Pine St. Continue up Pine St. to Lodge St. If required, the executor can provide a copy of the deceased person's will and a document stating that there is no probate pending in the state. They can be filled out electronically, then printed. In 1901, he was elected as clerk of Bourbon County District Court and developed an interest in law. The funeral home that prepares a body for burial or cremation will usually order copies, and they'll ask you how many you need. When a person dies and leaves behind a will, whoever has possession of the will is supposed to submit it to the probate court in the county where that person died. As much detail about the record as possible, such as relevant dates, names, descriptions, etc. Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent. Citation (ADM/DBN-2), Administration d.b.n. Albany County Surrogate's Court is located in Albany county in New York. The program helps you create the court forms you need to look for a will, burial plot deed, insurance policies and to make a list of all the items inside the box. For example, if the Kate S. owned a brokerage account and transferred it to the trust before she died, the account's official legal owner would be "Kate S., as Trustee of the S Family Trust." Chief Clerk Susan Wilson Deputy Chief Clerk Carol Brundige Different states call this office different things; in Texas, it's called the "local registrar"; in California, it's called the County Recorder's offfice. This court hears cases involving the deceased, such as, wills and the administration of estates. 16 Eagle Street | Albany, NY 12207-1077 The Albany County Clerk's office is the record keeper for all pistol permit documents and gunsmith/dealer licenses in Albany County. This affidavit is modified for use by a person who has conducted a search (or caused a search to be conducted) of the National Personal Insolvency Index pursuant to Rule 4.06 (3) of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021; andor searched the office of the relevant court in . A chief fiscal officer of a county or a public administrator appointed pursuant to the Surrogate's Court Procedure Act; . Here are the states that recognize common law marriages now, or did in the past and still will honor such marriage if a relationship began before such common law marriages were abolished by state law: Alabama(recognized by the courts, not expressly allowed by state law), Florida (if relationship began beore 1968), Georgia (if relationship began before 1997), Idaho (if relationship began before 1996), Indiana (if relationship began before 1958), Oklahoma (recognized by the courts, not expressly allowed by state law), Pennsylvannia(if relationship began before 2005), Rhode Island (recognized by the courts, not expressly allowed by state law), GoogleSearch LegalConsumer content. But if you need more as the process of administering a trust or estate goes on, you can order more yourself by contacting the state or county's vital records office. It's not like the movies. as Qualified Adoptive Parent (23), Affidavit Identifying Party (Agency) (8-A), Affidavit of Change of Circumstance since Certification as Qualified Adoptive Parent (21-E), Affidavit of Financial Disclosure - Parents (Agency) (9-A), Affidavit of Financial Disclosure - Parents (Private-Placement) (9-B), Affidavit of Service of Petition for Access to Sealed Adoption Records (27-C), Affidavit Regarding Status of Appeal (10-C), Agreement of Adoption (Private-Placement) (2-B), Agreement of Adoption and Consent (Agency) (2-A), Application for Certified Copy of Adoption Order (After Sealing of Records) (16-A), Application for Certified Copy of Adoption Order (Before Sealing of Records) (15-A), Consent of Child Over 14 (Private Placement) (2-D), Determination of Family Court Judge Regarding Venue (1-F), Extrajudicial Consent (Birth or Legal Parent--Private Placement Step-Parent) (2-Ga), Extrajudicial Consent (Birth or Legal Parent--Private Placement) (2-G), Judicial Consent (Birth or Legal Parent--Private Placement) (2-F), Judicial Consent of Birth or Legal Parent to Adoption by Step-Parent (2-Fa), Notice of Denial of Withdrawal of Application for Removal of Child (21-D), Notice of Petition for Access to Sealed Adoption Records (27-B), Notice of Petition for Temporary Guardianship (21-C), NYS OCFS Request/Response for Name of Father of Child Born Out of Wedlock (LDSS-2725), NYS Unified Court System Attorney's Affidavit (Agency and Private Placement Adoptions) (UCS-836), Order (Certification as a Qualified Adoptive Parent) (24), Order Determining Petition for Enforcement of Post-adoption Contact Agreement (18), Order for Certified Copy of Adoption Order (After Sealing of Records) (16-B), Order for Certified Copy of Adoption Order (Before Sealing of Records) (15-B), Order for Conditional Certification as Qualified Adoptive Parent (25), Order of Adoption (Private-Placement) (13-B), Order of Foreign Adoption and Name Change) (28-A), Order of Incorporation of Post-Adoption Contact Agreement (Agency Adoption) (14-A), Order on Petition for Access to Sealed Adoption Records (27-E), Order Removing Child from Adoptive Home (12), Order to Show Cause (Removal of Child from Adoptive Home) (11), Petition (Certification as a Qualified Adoptive Parent) (Private-Placement) (22), Petition for Access to Sealed Adoption Records (27-A), Petition for Adoption (Private Placement) (1-C), Petition for Enforcement of Post-Adoption Contact Agreement (After Adoption Finalization) (17), Petition for Extension of Expired Certification (Private Placement Adoption) (26), Petition for Registration of Foreign Adoption Order (28), Petition for Temporary Guardianship (21-A), Private Placement Adoption Proceeding Checklist, Report of Investigation (Private Placement) (7), Supplemental Affidavit (Private-Placement) (10-B), Waiver of Notice of Petition for Access to Sealed Adoption Records (27-D), Affidavit Concerning Deliverability of Process Served by Mail, Ancillary Administration Proceeding Checklist, Attorney's Certification in Ancillary Administration Proceeding, Decree Granting Ancillary Letters Testamentary, Notice of Application for Ancillary Letters of Administration (AA-3), Petition for Ancillary Letters of Administration (AA-1), Combined Corporate Verification, Consent and Designation (for AA-1), Individual Combined Verification, Oath and Designation (for AA-1), New Combined Corporate Verification, Consent and Designation (for AA-1), New Individual Combined Verification, Oath and Designation (for AA-1), Petition for Ancillary Letters of Administration Signature Page, Decree Granting Ancillary Letters of Administration (Bronx County), Attorney's Certification in Ancillary Probate Proceeding, Waiver and Consent for Ancillary Probate Proceeding, Combined Corporate Verification, Consent and Designation (for AP-1), Individual Combined Verification, Oath and Designation (for AP-1), New Combined Corporate Verification, Consent and Designation (for AP-1), New Individual Combined Verification, Oath and Designation (for AP-1), Decree Granting Ancillary Letters Testamentary (Bronx County), Initial Client Setup for Administration c.t.a. (518) 487-5100 But the person making the will must: Some states allow a person to handwrite a will (this is called a holographic will), but it's better to type one out. SPTownWideGarageSaleMap. But that doesn't mean there's no difference in their jobs. What's the difference? Arrangement: Chronological. They can be filled out electronically, then printed. We are happy to provide the images of deeds and mortgages of properties in Albany County owned by individuals, corporations and other organizations, starting with documents from 1980. This tells you that you will be evicted from your home in at least 14 days. Chief Judge DiFIORE. Ideally, you want to find the original, signed will, not a copy. To find Affidavits of Service go to Forms, visit a Court Help Center or ask the Court for one, most Courts will have this. As a prosecutor, he saw many personal injury vehicle cases and distracted driver cases. You will need to close and re-open IE for the setting to take effect. If you can't find them, you may finally conclude that they just don't exist. George J\ Ditmars, Sur- rogate of said County, at Canandai-. In practice, it boils down to this: If an asset is held outside of a trust, in the decedent's individual name, then the executor is in charge of it. The results of the classifier are in the form of if-then rules. Maureen A. Conley, Esq. But in the case of a living trust, your clue to the existence of a trust will be account statements or property deeds that show the ownership of the account to be something like this, "Nila Smatherton, as Trustee of the Nila Smatherton Trust." Each term of office is five years. Clerk's Office Phone 518-285-8585 I/We is/are the person(s) in control of disposition, who by signing this Authorization Form, attest(s) to the accuracy and . Bridget Burke Legal Director, The Legal Project . (ADM/DBN-6), Affidavit of Service of Citation (Adult) (ADM/DBN-8), Attorney's Certification in Administration d.b.n. When you are reading a will, here's what you need to find out: If the value of a person's estate is above a certain limit, called a "small estates limit," their estate must go through a probate proceeding before assets can be distributed to the people who inherit the assets. Meter parking is available on the streets, and there are several downtown paid lots available, including a lot at the Hilton Albany which is located at Pine and Lodge. The purpose of probate is to make sure that a deceased person's wishes are respected and that their property is distributed as directed by their will. THE LATEST INFORMATION ON ALBANY COUNTY'S SURROGATE'S COURT LOCATION Albany County Courthouse 16 Eagle Street, Room 123 Albany, NY 12207 Surrogate Honorable Stacy L. Pettit Law Clerk Alima M. Atoui, Esq. Guardians of Persons Who Are Intellectually Disabled and Developmentally Disabled. Proceeding, Consent to Appointment of Administrator d.b.n. What Rights do Creditors Have in New York?? Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent. Click here for a link to a website that shows you how to apply to each state's office. Utilize these forms to provide the court with specifics of the details . Request for Judicial Intervention (RJI) Omni Fillable form, DIY (Do-It-Yourself) Surrogate's Court Forms, DIY (Do-It-Yourself) District, City, Town & Village Court Forms, Diversity What To Look For during a Medical Exam, Prof Prac and Skills Assembly Bill A86823B, Prof Prac and Skills Buffalo HT Court Screening, Prof Prac and Skills Comprehensive Trafficking Assessment, Prof Prac and Skills Human trafficking ID tool and User guideline, Prof Prac and Skills Mandory Restitution Report, Prof Prac and Skills NYS Labor Trafficking Laws, Prof Prac and Skills NYS Safe Harbour Laws, Prof Prac and Skills NYS Sex Trafficking Laws, Prof Prac and Skills trafficking_victim_referral_form. Monday - Friday: Albany County, Surrogate's Court: June 8, 2021. But, at their death, the trust agreement will dictate what happens next, distributing the trust's property as directed by the document. J. They however can NOT be submitted online, or saved. New York Courts Self Help Materials for Probate: Additional Local Probate Forms specifcally for Albany County court, Albany County Bankruptcy Means Test Calculator, What New York Residents Need to Know About Inheritance Law, How to Inherit Joint Tenancy Property in New York. If you want to find the will of soemone who has died, where should you look? From the New York State Department of Taxation and Finance. 16 Eagle Street In some states, the information on this website may be considered a lawyer referral service. Bergen County Nj Surrogate's Court Forms - If you require county court forms, there are numerous possibilities. The person named in the will as the executor, or personal representative, is appointed by the court. If you're not certain whether or not such documents exist, then you've got more of a detective project on your hands. and Waiver of Process (CTA-3), Corporate Verification, Consent and Designation (for CTA-1), Individual Combined Verification, Oath and Designation (for CTA-1), New Corporate Verification, Consent and Designation (for CTA-1), New Individual Combined Verification, Oath and Designation (for CTA-1), Administration d.b.n. State the courtroom paperwork will help you in introducing your situation regardless if you are dealing with eviction or repossession. LETTERS TESTAMENTARY AND In Texas, the cost is $20 for the first copy and 3$ for each additional copy. In California the cost is $21 per copy. (for P-1), New Individual Combined Verification, Oath and Designation (for P-1), New Individual Combined Verification, Oath and Designation (for P-1) (Albany County), Consent and Designation of Corporate Preliminary Executor (for P-2), Individual Oath and Designation of Preliminary Executor (for P-2), New Consent and Designation of Corporate Preliminary Executor (for P-2), New Individual Oath and Designation of Preliminary Executor (for P-2), Oath and Designation of Trustee (for P-2), Decree Granting Probate (New York County), Decree Granting Probate (Westchester County), Decree Granting Probate to Guardian ad Litem (Bronx County), Order for Service of Citation by Publication (Kings County), Petition for Probate (P-1) (Kings County), Waiver of Process; Consent to Probate (Onondaga County), Waiver of Process; Consent to Probate; Lost Will (Nassau County), Affidavit in Relation to Settlement of Estate under Article 13, SCPA (SE-1A), Affidavit in Relation to Settlement of Estate under Article 13, SCPA (SE-2A), Affidavit in Relation to Settlement of Estate under Article 13, SCPA (SE-3A), Amended Affidavit in Relation to Settlement of Estate under Article 13, SCPA (SE-1B), Amended Affidavit in Relation to Settlement of Estate under Article 13, SCPA (SE-2B), Amended Affidavit in Relation to Settlement of Estate under Article 13, SCPA (SE-3B), Attorney's Certification in Settlement of Small Estate under Article 13, Renunciation of Voluntary Administration (SE-1C), Report and Account in Settlement of Estate Pursuant to Article 13, SCPA (SE-1D), Accumulation Distribution for Certain Complex Trusts (1041 Schedule J) (2011), Accumulation Distribution for Certain Complex Trusts (1041 Schedule J) (2012), Accumulation Distribution for Certain Complex Trusts (1041 Schedule J) (2013), Accumulation Distribution for Certain Complex Trusts (1041 Schedule J) (2014), Accumulation Distribution for Certain Complex Trusts (1041 Schedule J) (2015), Allocation of Estimated Tax Payments to Beneficiaries (1041-T) (2011), Allocation of Estimated Tax Payments to Beneficiaries (1041-T) (2012), Allocation of Estimated Tax Payments to Beneficiaries (1041-T) (2013), Allocation of Estimated Tax Payments to Beneficiaries (1041-T) (2014), Allocation of Estimated Tax Payments to Beneficiaries (1041-T) (2015), Alternative Minimum Tax - Estates and Trusts (ATM) (1041 Schedule I) (2011), Alternative Minimum Tax - Estates and Trusts (ATM) (1041 Schedule I) (2012), Alternative Minimum Tax - Estates and Trusts (ATM) (1041 Schedule I) (2013), Alternative Minimum Tax - Estates and Trusts (ATM) (1041 Schedule I) (2014), Alternative Minimum Tax - Estates and Trusts (ATM) (1041 Schedule I) (2015), Application for Automatic Extension of Time To File Certain Business Income Tax Returns (7004), Application for Certificate Discharging Property Subject to Estate Tax Lien (4422), Application for Employer Identification Number (SS-4), Application for Extension of Time to File a Return and/or Pay U.S. Estate Taxes (4768), Application for IRS Individual Taxpayer Identification Number (W-7), Application for Taxpayer Identification Number for Pending U.S. Adoptions (W-7A), Beneficiary's Share of Income, Deductions, Credits, etc. [email protected] Abm G Lansing Surrogate of the County of Albany notes. After Kate's death, the successor trustee would be able to continue managing that account after giving the company a copy of Kate's death certificate and a copy of the trust document. In the New York Court system, probate is handled by the "Surrogate"s Court Courts". Executive Deputy County Clerk, Jennifer Bottieri (after Probate) Proceeding Checklist, Surrogate-P-17 NOTICE OF PETITION FOR Visit the Microsoft Internet Explorer website and follow the instructions you find there. If the decedent (the person who died) had $50,000 or less in personal property. Supreme Court . D, HARKNBSS, \ may3w7 Olerk Surrogate's Courfe- Sberiff s Proclamation. As outlined in Section 730 of the Real Property Tax Law, property owners may petition the court for review of their property assessment before a specially trained hearing officer for a nominal fee of $30. Albany County Surrogate's Court: June 8 2021. Questions about completing the forms should be addressed to the Surrogate's Court in the county in which the proceeding will be brought. 1 0 obj Here are the sort of things a trustee does: Often, the trustee and the executor are the same person. Turn right onto Broadway and drive to the 3rd traffic light and turn left on State St. Continue up State St. to the 2nd light and turn right on Lodge St. https://www.albanycounty.com/government/departments/county-clerk. Town Wide Garage Sale - Saturday June 25th 9am to 4pm. [1] Judges Stacy L. Pettit Vacancy ( Cathryn M. Doyle) See also Albany County, New York Courts in New York Some previous requests and responsive documents are viewable here online. If you are not certain where such documents are located, you just have to keep looking until you find them. After Probate (CTA-1), Renunciation of Letters of Administration c.t.a. 16 Eagle Street Because the assets that have been transferred into the trust are legally owned by the trust (and not by the person who contributed those assets), the Grantor's estate will not have to go through probate because it will fall under a state's small estates limit, if their biggest assets are held in the trust and only a few, small assets are held in their individual names. Inheritance Law > US Probate Courts > New York > Albany County Probate Court. Just having a living trust, though, isn't going to prevent a probate if the Grantor forgot to actually put their biggest assets (house, brokerage accounts, and so on) into the trust. You can ask the Surrogate's Court to let you divide and give away their property to people who have a legal right to inherit. >> Paragraphing and some punctuation supplied. (518) 487-5100 WebSurrogate is a free service that allows you to search files, retrieve documents, and view historical records that are considered to be public information. WAIVER OF PROCESS (CORPORATION). (1041 Schedule K-1) (2014), Beneficiary's Share of Income, Deductions, Credits, etc. LETTERS TESTAMENTARY, Surrogate-P-15 RENUNCIATION OF SUCCESSOR The phone number for Albany County Surrogate's Court is 518-285-8585 and the fax number is 518-462-0194. for the years before and after the U.S. Supreme Court upheld the decision in 1981. . A surrogate is a judicial officer, elected by the people, having jurisdiction over the probate of wills, the administration of estates, and more. What States Recognize Common Law Marriages? If you ultimately cannot find the trust document, you'll need to work with a local estate planning attorney to transfer the assets via a court order. There's no external thing you can find that will tell you for certain that a Will exists--you either find one or you don't. June 22, 2022 by tamble. New York State Bar Association's Surrogate's Court Forms for MS Word; Accounting Forms; Accounting Citation (JA-6) Affidavit of Service (Infant under 14 Years) (JA-11) . WebSurrogateprovides information on estate proceedings and other filings within New York State Surrogate's Courts. 2 0 obj NYSCEF has been implemented in Albany County Surrogate's Court in accordance with the program established by the Chief Administrator of the Courts pursuant to Uniform Rules for Surrogate's Court (22 NYCRR) 207.4-a and 207.4-aa, and these Protocols provide guidance with respect to local practice and procedures used to process filings, fees . The Albany County Surrogate's Court is a trial court in Albany County, New York. Hug Law, PLLC, Albany (Matthew C. Hug of counsel), for appellant. stream Both he and his wife enrolled at the University of Kansas Law School. Hours of operation are Monday-Friday 9:00 AM-5:00 PM, excluding holidays. Instead, reading a will is like reading any legal document--take it slow, look up words that you do not know, and focus on what the document actually says, as opposed to what you wish it would say. If all that they owned outside of the trust consisted of their car, with a Blue Book value of $3000, a checking account with $ 4,000, and their household possessions, their estate would not be subject to probate and could be distributed to their beneficiaries without a court order and without the cost and delay of probate. For example, in most states, if a person dies and leaves behind no spouse but two living children, those children would inherit the estate, in equal shares. x]IsFF)Da8:"QieNAE*uUQ7DU(9H}uOG_ oGr^YH%ee\>wvo[. What's the Difference between Real and Personal Property? 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