Probate in New York can be confusing and time-consuming. Whether you’re an attorney handling estates or a self-represented individual (pro se), having the correct New York probate forms is critical to moving forward without costly delays.
The correct forms are the foundation of a smooth probate proceeding. Filing the right Surrogate’s Court documents ensures:
Here are some of the most frequently required documents in New York Surrogate’s Court:
• Petition for Probate: A request to the Surrogate’s Court to prove a will is valid and appoint the executor named in it.
• Petition for Ancillary Probate: A request to allow a will that was already probated in another state to be recognized and administered in New York.
• Petition for Letters of Administration c.t.a. (after Probate): A request to appoint a new fiduciary when the named executor in a will cannot or will not serve.
• Petition for Successor Letters Testamentary: Authority issued by the court to a substitute executor when the original executor can no longer act.
• Petition for Letters of Administration: A request to the Surrogate’s Court to appoint someone to handle the estate when the person died without a will.
• Petition for Ancillary Letters of Administration: A request to allow administration in New York for someone who died without a will but had their estate handled in another state.
• Petition for Letters of Administration (d.b.n.): A request to appoint a new administrator when the original administrator of an intestate estate can no longer serve.
• Petition for Appointment of Successor Executor: A request asking the court to appoint a new executor because the previous one has died, resigned, or is unable to serve.
• Notice of Petition for Appointment of Successor Executor: A formal notice sent to interested parties that the court has been asked to appoint a new executor to replace the original one.
• Petition for Successor Letters Testamentary: A request for the court to issue official authority to a replacement executor after the original executor can no longer act.
• Renunciation of Successor Letters Testamentary and Waiver of Process (Individual): A form where an individual named as a backup executor gives up the right to serve and agrees not to require formal notice from the court.
• Renunciation of Successor Letters Testamentary and Waiver of Process (Corporation): A form where a corporate fiduciary named as a backup executor declines to serve and waives its right to formal court notice.
• Inventory of Assets: A detailed list of all property and assets in an estate or trust, filed with the court.
• Firearms Inventory: A specific list of any firearms owned by the decedent, included as part of estate documentation.
• Non-Trust Accounting Forms: Forms used to report financial activity and balances for estates that are not held in a trust. Includes Petition for Judicial Settlement of Account; Receipt and Release; and Waiver of Citation and Consent.
• Trust Accounting Forms: Forms used to report financial activity, income, and distributions for assets held in a trust. Includes Petition for Judicial Settlement of Account; Receipt and Release; and Waiver of Citation and Consent.
• Petition for Compulsory Accounting & Related Relief: A request asking the court to require a fiduciary to provide a full accounting of estate or trust finances and address related issues.
• Family Tree Form: A form used to show the decedent’s relatives and heirs in a clear, organized chart.
• Petition to Search Safe Deposit Box: A request to the court asking for permission to access the decedent’s safe deposit box.
• Safe Deposit Box Petition DIY Form (Do-It-Yourself): A simplified, fill-in-the-blank form for requesting court permission to open a safe deposit box without attorney help.
• Order to Examine Safe Deposit Box: A court-issued document authorizing access to the decedent’s safe deposit box.
• Report of Estate Not Fully Distributed: A report filed with the court when some estate assets have not yet been distributed to beneficiaries.
• Probate Proceeding Checklist
• Administration Proceeding Checklist
• Ancillary Probate Proceeding Checklist
• Ancillary Administration Proceeding Checklist
• Administration c.t.a. (after Probate) Proceeding Checklist
• Administration d.b.n. Proceeding Checklist
• Judicial Settlement of Account Proceeding Checklist
• Informal Accounting with or without Decree Proceeding Checklist
• Compulsory Accounting and Related Relief Checklist
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