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The New York WD-3 form plays a crucial role in the administration of estates, particularly in cases involving wrongful death claims. This form is utilized by an administrator to seek court approval for settling a wrongful death claim and to provide a detailed account of the estate's financial activities. It outlines the administrator's actions, including the receipt of funds from a compromise with an insurance company and the payment of funeral expenses. Additionally, the WD-3 requires the administrator to disclose any claims against the estate and the identities of interested parties, ensuring transparency throughout the process. By submitting this form, the administrator not only seeks to resolve the estate's financial matters but also aims to ensure that all beneficiaries receive their rightful shares. Understanding the nuances of the WD-3 form is essential for anyone navigating the complexities of estate administration in New York.

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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

Possible Creditor

 

 

 

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:

$

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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

 

COUNTY OF

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)

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➤ PDF File

Form Specifications

Fact Name Description
Purpose The New York WD-3 form is used to seek court approval for compromising a wrongful death claim and settling an estate's account.
Governing Law This form is governed by the New York Surrogate's Court Procedure Act.
Filing Requirement It must be filed in the Surrogate's Court of the county where the decedent resided.
Administrator Role The form must be completed by the appointed administrator of the decedent's estate.
Claim Details It requires detailed information about the wrongful death claim, including the amount being compromised.
Attachments Accompanying documents must include a petition, an attorney's affidavit, and waivers from necessary parties.
Funeral Expenses Reimbursement for funeral expenses paid through no-fault insurance is typically included in the account.
Outstanding Claims The form must disclose any outstanding claims or creditors against the estate.
Distribution of Proceeds It outlines how the proceeds from the compromise will be distributed among the decedent's heirs.
Notarization The form must be sworn before a notary public to validate the information provided.

New York Wd 3: Usage Guidelines

Filling out the New York WD-3 form is an important step in managing the estate of a deceased person. This process involves providing details about the administration of the estate and any claims related to wrongful death. After completing the form, it will need to be submitted to the Surrogate’s Court for review and approval.

  1. Begin by entering the county where the Surrogate’s Court is located.
  2. Fill in the name of the deceased and your title as Administrator.
  3. Provide the file number associated with the estate.
  4. State the name of the party against whom the wrongful death claim is made, along with the name of their insurance company.
  5. Indicate the date of the automobile accident that led to the wrongful death claim.
  6. Enter the date when Letters of Administration were issued to you.
  7. Specify the amount being requested to compromise the wrongful death claim.
  8. Attach your petition, attorney affidavit, paid funeral bill, and waivers from necessary parties.
  9. State the disbursement amount requested by your attorneys and their fee percentage.
  10. Confirm that the funeral bill was paid through no-fault insurance.
  11. Indicate that there are no outstanding hospital or doctor bills.
  12. List the amount received from the compromise of the claim against the insurance company.
  13. Identify the surviving next of kin, including the widow/widower and children.
  14. List any claims or creditors of the estate, along with their status.
  15. Provide the names and relationships of all interested parties in the proceeding.
  16. Detail the amount you are charging yourself regarding the compromise of the claim.
  17. Credit yourself with the amounts to be paid to attorneys, distributees, and any guardians.
  18. Ensure that the total amounts are calculated correctly, leaving no balance.
  19. Sign and date the form, and have it notarized.

Your Questions, Answered

What is the New York WD-3 form?

The New York WD-3 form is a legal document used in Surrogate’s Court. It allows an administrator to seek permission to settle a wrongful death claim and to provide a detailed account of the estate's financial activities. This form is essential for ensuring that all transactions related to the estate are transparent and legally sound.

Who needs to fill out the WD-3 form?

The WD-3 form must be completed by the administrator of an estate. This person is typically appointed by the court to manage the deceased's assets and handle any claims against the estate. If there is a wrongful death claim, the administrator must file this form to settle the claim and account for the estate's finances.

What information is required on the WD-3 form?

The form requires several pieces of information. This includes details about the deceased, the claim against the insurance company, and the amounts involved in the settlement. Additionally, the administrator must provide information about any funeral expenses, outstanding bills, and the beneficiaries of the estate. It’s important to be thorough and accurate when filling out this form.

What happens after submitting the WD-3 form?

Once the WD-3 form is submitted to the Surrogate’s Court, the court will review the application. If everything is in order, the court may grant permission to compromise the wrongful death claim. The administrator will then be able to distribute the funds according to the approved plan. It is essential to follow up to ensure that all steps are completed correctly.

Are there any fees associated with filing the WD-3 form?

Yes, there may be fees associated with filing the WD-3 form. These can include court filing fees and potential attorney fees for legal representation. It is advisable to check with the Surrogate’s Court for the specific fees applicable to your case. Budgeting for these expenses is an important part of the process.

Can the WD-3 form be amended after submission?

Amendments to the WD-3 form can be made if necessary. If there are any errors or changes in the information provided, the administrator should promptly notify the court. It is crucial to keep all records accurate and up to date to avoid complications in the estate settlement process.

Common mistakes

  1. Incomplete Information: Failing to fill in all required fields can delay the processing of your application. Ensure every section is complete, including names, dates, and amounts.

  2. Incorrect Names: Using incorrect names for the decedent, administrator, or other parties can lead to complications. Double-check spelling and accuracy.

  3. Missing Signatures: Omitting signatures where required can invalidate the form. Ensure that all necessary parties sign the document.

  4. Failure to Attach Supporting Documents: Not including necessary documents, such as waivers or affidavits, may result in delays. Always attach all required paperwork.

  5. Inaccurate Financial Figures: Providing incorrect amounts for claims, expenses, or distributions can lead to legal issues. Verify all financial figures before submission.

  6. Ignoring Deadlines: Submitting the form after the deadline can jeopardize your case. Be aware of all relevant timelines.

  7. Not Consulting an Attorney: Attempting to fill out the form without legal guidance can lead to mistakes. Consulting an attorney can provide clarity and reduce errors.

  8. Misunderstanding the Role of the Administrator: Not fully grasping the responsibilities of the administrator can lead to incomplete or inaccurate filings. Ensure you understand your role.

  9. Neglecting to Review the Form: Failing to review the completed form before submission can result in overlooked errors. Always take the time to proofread.

Documents used along the form

The New York WD-3 form is often accompanied by several other documents that are essential for the administration of an estate, particularly in cases involving wrongful death claims. Each of these documents serves a specific purpose in the legal process. Below is a list of forms and documents commonly used alongside the WD-3 form.

  • Letters of Administration: This document grants the administrator legal authority to manage the estate of the deceased. It specifies the powers conferred to the administrator, which may be limited to specific actions, such as prosecuting a wrongful death claim.
  • Affidavit of Attorney: An affidavit prepared by the attorney representing the administrator. It typically outlines the attorney's involvement in the case and may include details about the legal fees and disbursements requested.
  • Funeral Bill: A copy of the invoice for funeral services rendered. This document is important for verifying expenses that may be reimbursed from the estate.
  • Waivers: Signed documents from interested parties that indicate they do not oppose the proposed actions of the administrator. Waivers help streamline the court process by reducing the need for additional hearings.
  • Petition for Compromise: A formal request submitted to the court seeking approval to settle a wrongful death claim. This document outlines the reasons for the compromise and the proposed settlement amount.
  • Account of Proceedings: A detailed report prepared by the administrator that summarizes all financial transactions related to the estate. This includes receipts and disbursements, ensuring transparency in the administration process.
  • Claims Against the Estate: Documentation of any claims submitted by creditors or interested parties. This may include claims for public assistance or other debts owed by the deceased.
  • Notice to Interested Parties: A notification sent to all individuals or entities with a potential interest in the estate. This document informs them of the proceedings and their rights regarding the estate.

These documents collectively support the WD-3 form and facilitate the legal process of estate administration. Proper preparation and submission of these forms can help ensure a smoother resolution of estate matters.

Similar forms

  • Form WD-4: Similar to WD-3, this form is used for the settlement of an estate but focuses on the distribution of assets rather than a compromise of claims. It outlines how the estate's assets will be divided among heirs.
  • Form 706: This federal estate tax return is filed to report the estate's value. Like WD-3, it requires a detailed account of assets, but it is specifically for tax purposes and includes deductions and credits.
  • Form 1310: This form is used to claim a refund for a deceased person's tax return. It shares similarities with WD-3 in that it involves the deceased's financial matters, but it is specifically focused on tax refunds.
  • Form 19: This is a petition for letters of administration in New York. It is similar to WD-3 in that it involves the appointment of an administrator for an estate, but it does not involve a compromise of claims.
  • Form 22: This form is used for the accounting of a trust. Like WD-3, it requires a detailed account of financial transactions, but it pertains to trust management rather than estate administration.
  • Form 6: This is a petition for the appointment of a guardian for an incapacitated person. It shares a focus on legal representation and the management of another's financial affairs, similar to the role of an administrator in WD-3.
  • Form 10: This form is an application for a compromise of a claim against an estate. It is similar to WD-3 as it deals with settling claims, but it is specifically for claims against the estate rather than wrongful death claims.

Dos and Don'ts

When filling out the New York WD-3 form, it’s essential to be thorough and accurate. Here are some helpful tips on what you should and shouldn’t do:

  • Do ensure that all names and dates are spelled correctly. Accuracy is crucial in legal documents.
  • Don’t leave any sections blank. If a section doesn’t apply, indicate that clearly.
  • Do include all necessary supporting documents, such as the paid funeral bill and waivers from interested parties.
  • Don’t forget to sign and date the form. An unsigned document may be considered invalid.
  • Do double-check the amounts you are reporting. Mistakes can lead to delays or complications.
  • Don’t submit the form without a thorough review. Errors can complicate the legal process.
  • Do consult with an attorney if you have any questions or uncertainties about the process.

Filling out this form can be daunting, but taking your time and following these guidelines will help ensure a smoother experience. Good luck!

Misconceptions

Understanding the New York WD-3 form is crucial for anyone involved in the administration of an estate. However, several misconceptions can lead to confusion. Here are five common misconceptions:

  • The WD-3 form is only for large estates. Many believe this form is only necessary for estates with significant assets. In reality, it is applicable to any estate where a wrongful death claim needs to be settled, regardless of the estate's size.
  • Filing the WD-3 form guarantees a successful claim. Some individuals assume that submitting this form will automatically result in a favorable outcome. However, the approval of a claim depends on various factors, including the evidence presented and the court's evaluation.
  • Once filed, the WD-3 form cannot be amended. There is a belief that the form is final once submitted. In fact, if new information arises or corrections are needed, it is possible to amend the form, but this must be done promptly.
  • The WD-3 form eliminates the need for legal representation. Many think that they can handle the process without an attorney after filing the form. While it is possible to file without legal help, having an attorney can provide valuable guidance and increase the chances of a successful outcome.
  • The WD-3 form is the same as a probate application. Some confuse the WD-3 form with probate applications. They serve different purposes; the WD-3 focuses specifically on wrongful death claims, while probate applications deal with the overall management of an estate.

Clarifying these misconceptions can help ensure a smoother process for all parties involved. It is essential to approach the WD-3 form with accurate information and understanding.

Key takeaways

When filling out and using the New York WD-3 form, consider the following key takeaways:

  • The WD-3 form is used to apply for court approval to compromise a wrongful death claim.
  • Clearly identify the decedent and provide details about the claim against the responsible party.
  • Include the date when Letters of Administration were issued, as this is crucial for the application.
  • Attach necessary documents such as the petition, attorney affidavit, funeral bill, and waivers from interested parties.
  • Detail the disbursements requested by attorneys and include their fee percentage based on net proceeds.
  • Indicate that the funeral bill has been paid through no-fault insurance to clarify financial transactions.
  • Confirm that there are no outstanding medical bills related to the decedent’s care.
  • List all surviving next of kin, as they are entitled to share in the proceeds from the compromise.
  • Note any claims or creditors that have been presented, even if they were rejected.
  • Ensure that the account of receipts and disbursements is accurate and complete, as it will be scrutinized by the court.

By following these guidelines, the process of completing the WD-3 form can be streamlined, ensuring that all necessary information is provided for judicial review.