DEC

Decedent’s Estates

If an owner dies, you must verify compliance with state probate requirements.

Requirement

DECR05 STG

Estate and Death Taxes

Lien for federal estate and state taxes, if any, on the estate of ____________. The Company requires satisfactory proof that no taxes are owing or that all taxes have been paid. After the Company is furnished this item, the Company may make additional requirements or exceptions.
Comment: You must verify that a decedent’s estate owes no federal estate or state estate/inheritance taxes, either because not taxable (due to size or deductions) or because the taxes were paid. Do not rely upon an indemnity where taxes may be owed unless you secure the Company’s approval.

DECR06 STG

Proof of death only

Proof showing the date and place of death of __(name)__, grantee in (L, RL, Reel)____, (C)p ____, is required to be established by death certificate and affidavit from a member of decedent’s family not financially interested in the transaction.

DECR07 STG

Where proof of death and heirship needed; heirs

Proof showing the date and place of death and heirship of __(name)__, grantee in (L, RL, Reel)____, (C)p ____, is required to be established by death certificate and affidavit from a member of decedent’s family showing death intestate, without leaving a will, and setting forth complete family history and descent satisfactory to this company and containing an heirship clause.

DECR08 STG

Proof of heirship; heirs being collaterals

__(Name)___, who died on __/__/__ in ______ County, was the owner in fee of the premises herein leaving as his (her) nearest relatives (uncles, aunts, cousins). Complete proof of family history satisfactory to this Company is required to be furnished by members of both the paternal and maternal sides of the family to the Law Department for consideration prior to closing.

DECR09 STG

Death of tenant by entirety

Proof showing the date and place of death of __(name)__ to be established by death certificate and proof of marital status by affidavit of a member of the decedent’s family. The proof of marital status must establish that the decedent was still married to the spouse at the time of death, that they never executed a joint or mutual will, and that they were not legally separated, or additional exceptions may be raised.

DECR10 STG

New York Estate Tax; no proceeding

Proof of payment of New York Estate Tax on the estate of __(name)__, deceased, is required. (Add if shown on abstract:) Said decedent died a resident of _____ County on __/__/__.

DECR11 STG

New York Estate Tax; where property not include

New York Estate Tax proceedings in the estate of __(name)__, who died in _______ County on __/__/__ shows that the premises under examination were not included therein.

Release of lien of estate tax as to the premises herein must be obtained and recorded, or proceedings must be reopened and amended to include said premises, and any tax fixed thereon must be paid.

DECR12 STG

Where tax fixed but no receipt is on file, or t

Proof of payment of New York Estate Tax on the estate of __(name)__, deceased, is required. (Add if shown on abstract:) Said decedent died a resident of _____ County on __/__/__. This exception can be omitted upon production of a release of lien, [a copy of the Estate Tax Proceeding with a final receipt for the amount due*] [or an order of exemption) as fixed by the [court*] [tax commission*], or on an affidavit that the gross estate, including the subject property, is not more than $__________.

DECR13 STG

Federal Estate Tax; size of estate unknown

Proof of payment of Federal Estate Tax on the estate of __(name)__, deceased, is required. (Add if shown on abstract:) Said decedent died a resident of _____ County on __/__/__.

DECR14 STG

Federal Estate Tax gross over limit

Proof of payment of Federal Estate Tax on the estate of __(name)__, who died a resident of _____ County on __/__/__, is required. The record shows that the gross estate exceeded $*____(see below for figure based on date of death)__. A Federal Return must be filed and a final audit had thereon.

1983 $275,000.00 1987 to 1997 $600,000.00
1984 $325,000.00 1998 $625,000.00
1985 $400,000.00 1999 $650,000.00
1986 $500,000.00

DECR15 STG

Payment of legacies

Proof of payment of all legacies given in the last will and testament of __(name)__, deceased, is required. Said will gives the following legacies: (itemize).

DECR16 STG

Payment of debts of the estate

Proof of payment of debts of the estate (This requirement can be omitted upon a deed from the executor reciting full consideration).

DECR17 STG

Where heirship is shown by a person related by

The petition for (probate or administration) of the estate of _____________, is made by a person not related by blood or consanguinity. Corroborative proof of heirship of said decedent, is required to be established by affidavit from a member of the family of the decedent setting forth the complete family history and descent satisfactory to this Company.

DECR18 STG

Where heirship is shown by a person claiming to

(Name) claims to be the sole heir of __(name)__, deceased. Corroborative proof of heirship of decedent is required to be established by affidavit from a collateral relative of the decedent other than __(claimant’s name)__, setting forth the complete family history and descent satisfactory to this Company.

DECR19 STG

Known issue born after will executed

A deed is required from the following child(ren) of the decedent born after __/__/__ the date of the decedent’s will:
(list by name and birthdate)

DECR20 STG

Proof no issue born after date of will

Proof is required that no child was born of or adopted by the decedent ___________, after the date of the decedent’s will.

DECR21 STG

Proof no posthumous children of decedent

Proof is required that no child of the decedent _________, (date of death __/__/__) was born to his widow after his death.

DECR22 STG

Deed recital on deed from distributees

The closing deed must contain a recital that the grantors (the certified owners herein) are all of the distributees of the decedent ______________, who died a resident of ________________ on __/__/__.

DECR23 STG

Where deed of record from devisees, no probate

Deed from __________, ____________, and _____________ to _____________, dated __/__/__, recorded __/__/__ in __________ recites that the grantors are the devisees under the last will and testament of ___________. Company must be advised of where and when the will of the decedent was probated. Further requirements and exceptions may be raised after the probate proceedings are reviewed.

DECR24 STG

Death outside New York State

The will of the decedent was probated outside New York State. Ancillary probate proceedings in New York are required.

DECR25 STG

Will not probated

The will of the decedent must be admitted to probate in the Surrogate’s Court in the county where the decedent was resident at the time of death.

DECR26 STG

Probate proceedings not furnished or to follow

The probate proceedings of the estate of the decedent and a copy of the last will and testament must be obtained from the county where probate took place. Further requirements and exceptions may be raised upon review of same.

DECR27 STG

Necessary parties excluded from probate

The proceedings to probate the will of decedent ______________ did not name all necessary parties. The probate proceedings must be reopened and jurisdiction obtained over all necessary parties.

DECR28 STG

Deed from executor where specific devise, no or

By deed dated __/__/__, recorded __/__/__ in _____________, ____________ as executor of the estate of ___________, deceased, purportedly conveyed title to __________. The property was specifically devised in the will to __________, and no order has been found in Surrogate’s Court permitting the executor to invade the devise. Proof that such order has been made is required, or in the alternative, a deed from the specific devisee(s) must be produced and recorded.

DECR29 STG

Deed from specific devisee divorced from decede

The deed from ______________, as devisee under the last will and testament of decedent ____________, to ____________, dated __/__/__, recorded __/__/__ in _____________, purports to convey title to the premises. The grantor specific devisee was the former spouse of the decedent, and the marriage had been dissolved prior to the decedent’s death. The devise was legally revoked upon the entry of the divorce decree, and said deed is a nullity. Conveyance must be made by the executor of the estate of the decedent, or by all of those parties having an interest in the estate of the decedent.

DECR30 STG

Deed from administrator, no order, death before

The deed from ______________, as administrator of the estate of decedent ____________(who died on ____(date before 6/1/65)_____), to ____________, dated __/__/__, recorded __/__/__ in _____________, appears to have been made without a court order. Proof is required that an order was obtained, or in the alternative deeds must be obtained from all the distributees of the estate, together with proof of heirship.

DECR31 STG

Deed from administrator, no bond filed

The deed from ______________, as administrator of the estate of decedent ____________, (who died on_____), to ____________, dated __/__/__, recorded __/__/__ in _____________, appears to have been made without the filing of a bond as required by Surrogate’s Court Procedure Act § 805.3. Proof is required that such bond has been filed, or in the alternative, conveyances or releases will be required from all the distributees of the deceased.

DECR32 STG

Temporary Administrator (where power to sell no

An order must be obtained from the Surrogate’s Court authorizing sale by the temporary administrator. (See Surrogate’s Court Procedure Act § 903.)

DECR33 STG

Spouse of decedent as devisee

Company requires proof of marital status of _________, by affidavit of a member of the decedent’s family. The proof of marital status must establish that the decedent was still married to the spouse at the time of death, that they never executed a joint or mutual will, and that they were not legally separated, or additional exceptions may be raised.

DECR34 STG

Ex-spouse of decedent as devisee

Devise to _______________, the spouse of the decedent ______________, has failed by virtue of the dissolution of their marriage prior to death of decedent.

DECR35 STG

Residuary Devise; afterborn child

Under the will of the decedent _____________ , the premises has been left to _____________, the residuary devisee(s). Probate proceedings disclose a child born after the date of the will. A deed is required from the after-born child, or alternatively, the executor can convey the premises for full consideration pursuant to the power of sale.

DECR36 STG

Where will of a decedent in fee chain is in ano

Last will and testament of __(name)__ must be properly probated in this State under the provisions of Article 16 of the Surrogates Court Procedure Act, and ancillary letters testamentary issued thereunder.

DECR37 STG

Qualification of Trustees

The last will and testament of __(name)__, deceased, devises the premises to the trustees therein named with power of sale to said trustees. Said named trustees must properly qualify and letters of trusteeship must be issued prior to the exercise of the power of sale .

DECR38 STG

Proof of death prior to certain date

Proof of death of _________ prior to __/__/__, the ____(explain reason)____, is required, by furnishing a copy of the death certificate.

Exception

DECX01 ALTA

Recorded Estate Taxes

Notice of federal estate tax lien recorded ___________ [filed under __________] on the estate of _________________, deceased, for the amount of _____________ plus interest and penalty.
Comment: Notices of federal tax liens are generally effective for 10 years and 30 days from date of assessment. However, the special federal estate tax lien is effective for 10 years from death without need of recordation. Certain federal estate tax liens may be effective for 15 years.

DECX02 ALTA

Recorded State Death Tax Lien

Notice of state death tax lien recorded ___________ [filed under __________] on the estate of, _______________ deceased, for the amount of _______________ plus interest and penalty.
Comment: Except to any recorded death tax (inheritance estate) lien unless it is barred by limitation.

DECX05 STG

Exception for debts

Except the lien of debts against the estate of __(name)__, deceased.

DECX06 STG

Right of Election

Right of Election of ___________________, under the will of ______________. Letters issued on ___________________.

DECX07 STG

Devise to necessary witness

The will of decedent ______________ was witnessed by the specific devisee, who is a necessary attesting witness to the will. The devise fails.

Note: You may add additional local exceptions here. Please consult with our underwriting personnel in preparing appropriate provisions.

Schedule A

DECS01 STG

Heirs or Devisees Subject to Pending Administra

The heirs at law or devisees of _________________, deceased, subject to the administration of the estate of said decedent in _____________ County, Probate Case No. ______________ wherein ________________ is the appointed __________________ of said estate.
Comment: Use this language for vesting if there is a pending administration.

DECS02 STG

Heirs or Devisees Subject to Future or Unspecif

The heirs at law or devisees of ___________, deceased, subject to the administration of the estate of said decedent.
Comment: Use this language for vesting if the owner is dead and administration has not occurred (but is required) or is possibly pending but is not identified.

See Underwriting Manual

DECS09 STG

Executor and Devisees

____________, executor of the estate of _________, deceased in _____________ County, Probate Case No. __________, and _____________________, individually.

DECS10 STG

Where property devised to a presently indetermi

Title can be conveyed by __(name)__ and __(name)__ as executors of the Last Will and testament of __(name)__, deceased.

DECS11 STG

Where property devised to more than one person

__(Names of devisees)__, subject to the prior exercise of the power of sale by __(name)__ and __(name)__ as executors of the Last Will and Testament of __(name)__, deceased.

DECS12 STG

Where title devised to trust which is still ope

Title can be conveyed by __(name)__ and __(name)__ as executors and trustees of the Last Will and testament of __(name)__, deceased.

Note: You may add additional local Schedule A provisions here. Please consult with our underwriting personnel in preparing appropriate provisions.