Administration Dbn 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 Dbn 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 Dbn Proceeding Checklist

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Administration Dbn Proceeding Checklist:

• This form pertains to the State of New York

• The current version of this form was last revised on April 21, 200

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 Administration Dbn 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 Administration Dbn Proceeding Checklist, 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 Administration Dbn Proceeding Checklist 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 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 Dbn 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 this form 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 Administration Dbn Proceeding Checklist, and when in doubt— consult a qualified trust & estates lawyer for that area.

Administration Dbn 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 Administration Dbn 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 Dbn 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 Administration Dbn Proceeding Checklist. You can use this to get an idea of the context of the form and what type of information is needed.

Adbn-CHKLST release 4/21/2010 PAGE 1 This Checklist is provided for your convenience while completing the petition and the checklist should not be returned Administration d.b.n. Proceeding Checklist (see Surrogate’s Court Form ADM/DBN-1, rev. 7/98) NOTE: An Administrator De Bonis Non (d.b.n.) may be appointed to complete the administration of an estate if the administrator dies, resigns, or for any other reason is removed from office. The procedure for the appointment of an administrator d.b.n. shall be the same as an application for letters of administration (SCPA §1007). NOTE: According to the Opinion of the State Comptroller 89-49, dated 11/27/1989, the fee to be charged on an administration d.b.n. proceeding is $45.00. Check that the office of the administrator is vacant [SCPA §1007(1)]: 1. death certificate 2. proof of revocation 3. resignation (NOTE: the Court may require an accounting before permitting a fiduciary to resign) NOTE: The Court may refuse to issue Letters of Administration d.b.n. 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 §1001? (a) surviving adult spouse of decedent (b) adult child (c) adult grandchild (d) parent (e) brother or sister (f) any other person who is a distributee and who is eligible to qualify (g) others as set forth in SCPA §1001(2) to (9) Check citizenship Has the interest of the petitioner been checked and specified? PET ¶ #DESCRIPTIONYESNO Adbn-CHKLST release 4/21/2010 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 date original letters were issued; insert name of original administrator and date of death, resignation or removal 3.a- 3.e 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 administration proceeding, an explanatory affidavit may be required.) 4. NOTE: Distributee - Any person entitled to take/share in property under EPTL §4-1.1 and 4-1.2. (SUBMIT A FAMILY TREE IF REQUIRED BY THE COURT) Has the number of survivors been listed? Has “NO” been inserted in all prior classes? Has an “ X ” been inserted in all subsequent classes? NOTE: If alleged that the decedent was survived by no distributee or only one distributee or where the relationship of distributees to the decedent is grandparents, aunts, uncles, first cousins or first cousins once removed, has an Affidavit of Heirship been submitted - see Court Rules §207.16(c). NOTE: If there are any deceased distributees, provide a copy of the death certificate or provide the date of death. 5a.Check that the names, relationship, domicile, mailing address and citizenship of all distributees are listed in the petition NOTE: Form ADM/DBN-3 has to be submitted from all adult competent persons listed under 5a having a right to letters equal or prior to petitioner or a citation will be issued. Use ADM/DBN-4 form for all companies listed. All persons with an inferior right to letters should receive a notice of application (forms ADM/DBN-5 & 6). ALL INTERESTED PARTIES MUST CONSENT THAT BOND BE DISPENSED WITH OR FILING OF BOND WILL BE REQUIRED. NOTE: If any 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, name and title of such representative, his/her address and the court which issued letters. If no legal representative has been appointed, the distributees of such post-deceased distributee must be listed giving names, relationship, domiciles, mailing addresses and citizenship. PET ¶ #DESCRIPTIONYESNO Adbn-CHKLST release 4/21/2010 PAGE 3 5b.Same as 5a. above but are persons under disability Are infants and persons under disability listed with required information? Are Schedules A, B, C and/or D attached? 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 NOTE: PURSUANT TO SCPA §1003(4) Jurisdiction over unknown distributees or distributees whose whereabouts are not known need not be secured prior to the issuance of letters, but is required by publication of citation in the accounting proceeding. The Decree granting Administration must so state. 6.Verify that there are no other persons interested in this proceeding other than those already mentioned. 7.Make sure outstanding debts or funeral expenses are listed. If none, so state. 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? (submit a Consent and Designation) 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? Adbn-CHKLST release 4/21/2010 PAGE 4 Official Forms for this type of proceeding are: NADM/DBN-1Petition for Letters of Administration d.b.n. (7/98) NADM/DBN-2Citation (make sure full relief requested is included in citation) (7/98) NADM/DBN-3Waiver of Citation, Renunciation and Consent to Appointment of Administrator d.b.n. (Individual) (10/04) NADM/DBN-4Consent to Appointment of Administrator d.b.n. (Corporation) (10/04) NADM/DBN-5Notice of Application for Letters of Administration d.b.n. (7/98) NADM/DBN-6Affidavit of Mailing Notice of Application for Letters of Administration d.b.n. (7/98) NADM/DBN-7Notice to the Consul General (7/98) NADM/DBN-8Affidavit of Service of Citation (Adult) (7/98) COMMENTS AND COURT NOTES If the assets exceed $30,000 and one or more distributees refuse to consent that the Administrator serve without bond (or are unable to consent by reason of their being under disability) it may be necessary to obtain a fiduciary bond. See SCPA Article 8. 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). Letters will not be delivered until Notice of Application (if required) and Mailing Affidavit are filed. Review carefully instructions to paragraphs 5a and 5b 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.