Administration C.t.a. (After Probate) Proceeding Checklist

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Administration C.t.a. (After Probate) Proceeding Checklist is a commonly used form within New York. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Administration C.t.a. (After Probate) Proceeding Checklist

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Administration C.t.a. (After Probate) Proceeding Checklist:

• This form pertains to the State of New York

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about New York’s Form Acta-CHKLST - Administration C.t.a. (After Probate) Proceeding Checklist up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct New York form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some New York probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Acta-CHKLST, take a break, and then review. Probate and estate settlement processes in NY are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Acta-CHKLST online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form Acta-CHKLST witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Administration C.t.a. (After Probate) Proceeding Checklist to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in New York.

5 reasons you should submit Acta-CHKLST as quickly as possible:

1. The sooner you begin, the faster New York can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in New York. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of New York is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for New York probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local New York probate clerk or court for exact answers regarding Form Acta-CHKLST, and when in doubt— consult a qualified trust & estates lawyer for that area.

Administration C.t.a. (After Probate) Proceeding Checklist is one of the many probate court forms available for download through Atticus.

It may also be available through some New York probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within New York.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Acta-CHKLST - Administration C.t.a. (After Probate) Proceeding Checklist f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the New York probate court office.

Administration C.t.a. (After Probate) Proceeding Checklist is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any New York-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on New York Form Acta-CHKLST - Administration C.t.a. (After Probate) Proceeding Checklist. You can use this to get an idea of the context of the form and what type of information is needed.

Acta-CHKLST release 4/7/2010 PAGE 1 This Checklist is provided for your convenience while completing the petition and the checklist should not be returned to the Court. Administration c.t.a. (after Probate) Proceeding Checklist (see Surrogate’s Court Form CTA-1, rev. 7/98) NOTE: If, subsequent to the admission of a will to probate, the executor or administrator c.t.a. dies, resigns or for any reason is removed from office, and there is no executor or administrator c.t.a. qualified to act, a proceeding for the appointment of an administrator c.t.a. or administrator c.t.a., d.b.n. may be commenced in order to complete the administration of the estate. (SCPA §1418 and 1419). NOTE: According to the Opinion of the State Comptroller 89-49, dated 11/27/1989, the fee to be charged on an administration c.t.a. proceeding is $45.00. Check that the office of the executor or administrator c.t.a. is vacant [SCPA §1418(1)]: 1. death certificate 2. proof of revocation 3. resignation (NOTE: an accounting may be required before fiduciary is discharged - SCPA §716) NOTE: The Court may refuse to issue Letters of Administration c.t.a. if distribution is possible pursuant to SCPA §2207. Fill In All Areas On All Pages of Petition - Also Mark When Not Applicable Where Necessary Check All Forms To Make Sure Venue Is Correct - Appropriate County Is Listed PET ¶ #DESCRIPTIONYESNO Secure the estate file folder Is the captioned name exactly the same as it appears on the original proceeding? Make sure that the file number is on the petition and all other supporting documents and should be the same file number as the original proceeding 1a.Is the petitioner eligible to act and qualify pursuant to SCPA §1418? (a) sole beneficiary or if he/she is dead, to his/her fiduciary (b) to one or more residuary beneficiaries or, if any are dead, to his/her fiduciary (c) if there is no one eligible under (a) or (b) who will accept, the Court may issue letters to one or more persons interested in the estate or, if any be dead, to his/her fiduciary *NOTE: [see SCPA §1418(2)-(8) for additional classes] Check citizenship Has the interest of the petitioner been checked and specified? PET ¶ #DESCRIPTIONYESNO Acta-CHKLST release 4/7/2010 PAGE 2 1b. Is the proposed administrator an attorney? If so, has a statement been provided pursuant to 22NYCRR 207.16(e)? NOTE: Latter will need an accounting (see 22NYCRR 207.52) 2.Check that the date of admission of Will to probate is correct and that the name of the original fiduciary is listed along with date of death or removal. 3. NOTE: Verify that all persons and parties interested in this proceeding having a right to letters of administration c.t.a. prior or equal to the petitioner under the provisions of SCPA §1418 and 1419 are listed. Check that the names, relationships, domiciles and interest of all parties are listed in the petition. NOTE: If there are any deceased interested parties, provide a copy of the death certificate or provide the date of death. 4.Check that all names, relationships, domiciles and interest of all persons and parties are listed who are beneficiaries named in the will other than those named in paragraph 3. NOTE: Form CTA-3 has to be submitted from all adult competent persons listed under 3 & 4 having a right to letters equal or prior to petitioner or a citation will be issued. ALL INTERESTED PARTIES MUST CONSENT THAT BOND BE DISPENSED WITH OR FILING OF A BOND WILL BE REQUIRED. NOTE: If any interested parties have died subsequent to the death of the decedent, a statement should be included as to whether a legal representative has been appointed, and if so, their name and title, his/her address and the court which issued letters must be listed. If there has been no appointment the distributees of such post-deceased distributee must be listed giving names, relationship, domiciles and citizenship. NOTE: FOR INFANTS (Attach copy of birth certificate if required by court) NOTE: IF THERE IS A COURT-APPOINTED GUARDIAN (FIDUCIARY) SUBMIT PROOF OF APPOINTMENT. NOTE: IF THERE ARE UNKNOWNS, the following proof has to be submitted: affidavit showing that diligent efforts have been made to locate unknown distributees or distributees whose whereabouts are unknown [Court Rules §207.16(d)] “DILIGENT SEARCH” requires extensive research, e.g.: cemetery and marriage records; telephone books; conversation with other distributees, neighbors, etc.; records of varied Surrogate’s Court; military records; Bureau of Immigration & Naturalization; Social Security Administration; Bureau of Vital Statistics; Department of Motor Vehicles; Bureau of the Census; City directories; Internet PET ¶ #DESCRIPTIONYESNO Acta-CHKLST release 4/7/2010 PAGE 3 5.Verify that there are no other persons interested in this proceeding other than those already mentioned. 6.Make sure outstanding debts or funeral expenses are listed. If NONE, so state. 7a.& 7b. Check value of unadministered property Check estimated gross rents of real property (if any) for period of eighteen (18) months Check that any pending or contemplated causes of action on behalf of the decedent are listed and complete information is given NOTE: If inconsistent with amount shown in original proceeding, an explanatory affidavit may be required.) Under WHEREFORE Clause: has all relief requested been checked and completed? Is petition dated, signed, verified, properly notarized (including proper jurat and expiration date of notary’s commission)? Is Combined Verification, Oath and Designation signed? does it set forth proposed fiduciary’s physical address? Is proposed fiduciary a Bank? use combined corporate verification, consent and designation [use page 4 of the petition] Is attorney’s name, address and phone number listed? Is Part 130 Certification completed by attorney or self-represented party? if NOT, has a separate certification as to Part 130 signing requirements been included? If forms are computer generated, has a certification pursuant to Court Rules §207.4 been attached? Official Forms for this type of proceeding are: NCTA-1 (7/98) Petition for Letters of Administration c.t.a. after Probate NCTA-2 (7/98) Citation (make sure that the full relief requested is included in citation) NCTA-3 (7/98) Renunciation of Letters of Administration c.t.a., Waiver of Process and Consent to Dispense with Bond (to be submitted by an adult competent party having a prior or equal right to that of petitioner) NOTE: The Court may fix a bond in an amount which will adequately protect creditors and interested persons who have not consented to dispense with a bond Acta-CHKLST release 4/7/2010 PAGE 4 COMMENTS AND COURT NOTES The Court may fix a bond in an amount which will adequately protect creditors and interested persons who have not consented to dispense with a bond. Proofs of Service of Citation must be filed with the Court at least two (2) working days before the return date. Guardian Ad Litem will be appointed on or before the return day of process for all unknowns and persons under disability (SCPA §403). Review carefully instructions to paragraphs 3 and 4 of the Petition and be sure interested parties are listed in the correct places. Documents signed by Power of Attorney (Provide certified copy of POA and comply with Section 13-2.3 EPTL and 207.48 Uniform Rules). Check to be certain all documents are properly acknowledged. THIS MATERIAL IS PROVIDED FOR INFORMATIONAL/TRAINING PURPOSES ONLY. – It is intended for use in conjunction with review of the applicable statutes and rules of the Surrogate’s Court and the Surrogate’s Court Operations Manual.