As executrix and sole beneficiary, how do I handle a SMALL estate?
My friend passed away last week. He had a will in which I was named Executrix and sole beneficiary. His estate is very small--several thousand dollars in a checking account and no other assets or debts (although the funeral home is charging more than the amount remaining in the checking account). The lawyer who drew up the will in 2004 died in 2010 and after considerable searching I found the legal firm that has the will and files. At this point (from a conversation yesterday with the person who answered the phone) they have refused to send me the original signed and notarized will. I will be having a phone consultation with an attorney from the firm tomorrow. This is taking place in Onondaga County, New York State.
What should I say to the lawyer who has the will about sending it to me? What right does he have to keep it? If I'm able to get the lawyer to agree to sending me the will, what are the steps I need to take to deal with this process myself? Should I request the files the lawyer has also? From my research it appears that probate isn't necessary for an estate so small. I have located a Small Estate Affidavit.
The funeral director is arranging for the death certificates as soon as I can tell her how many I need and whether they should be certified or photo copies.
Please let me know if any clarification is needed. Thank you for your help.