Ancillary 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.

Ancillary 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 Ancillary Probate Proceeding Checklist

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Ancillary 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 ANCP-CHK - Ancillary 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 ANCP-CHK, 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 ANCP-CHK 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 ANCP-CHK 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 Ancillary 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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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 ANCP-CHK 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 ANCP-CHK, and when in doubt— consult a qualified trust & estates lawyer for that area.

Ancillary 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 ANCP-CHK - Ancillary 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.

Ancillary 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 ANCP-CHK - Ancillary Probate Proceeding Checklist. You can use this to get an idea of the context of the form and what type of information is needed.

ANCP-CHK release 4/21/2010 PAGE 1 This Checklist is provided for your convenience while completing the petition and the checklist should not be returned to the Court. Ancillary Probate Proceeding Checklist (see Surrogate’s Court Form AP-1, 12/97, rev. 4/98) NOTE: An ancillary probate may be used when a non-domiciliary leaves real and/or personal property which needs to be administered under New York State law and there has been probate in the foreign (domiciliary) jurisdiction. 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 CHECK: IS THE ATTORNEY OF RECORD LICENSED TO PRACTICE IN THE STATE OF NEW YORK? PET ¶ #DESCRIPTIONYESNO Is the captioned name the same as the signature on the Will and ¶2 of the petition? If A/K/A’s are they listed in the caption and also under ¶2 of the petition? Has the type of Letters been checked? 1.Is the petitioner the person expressly appointed in the Will as executor with respect to property located in this State or his/her designee? (see SCPA §1604) If Not:Is petitioner the fiduciary appointed to act in the domiciliary jurisdiction or his/her designee? If Not:Is petitioner the person acting in the domiciliary jurisdiction to administer and distribute the testator’s estate? If Not:Is petitioner a person entitled to letters of administration c.t.a. or his/her designee? (see SCPA §1418) If Not:Is petitioner a creditor, public administrator (County Treasurer) or person interested or to whom letters may issue? (see SCPA §1609.1) NOTE: Non-domiciliary alien executor, though ineligible to act in this jurisdiction (unless said executor has a co-executor who is a citizen), has a right to designate an ancillary fiduciary. (see SCPA §707 and §1608) 2.Verify information set forth in Authenticated documents from foreign state. NOTE: Exemplified/Authenticated Record should include copies of Will, Decree or Order Admitting Will to probate in the foreign (domiciliary) jurisdiction, and Letters issued thereon in the foreign jurisdiction (if the issuance of Ancillary Letters are being requested). (see SCPA §1614 and CPLR §4540) If no letters were issued in foreign jurisdiction then explanatory affidavit may be required. NOTE: Exemplifications and/or authenticated documents must be unaltered - i.e. should not be unstapled to photocopy and should not be attached to petition. PET ¶ #DESCRIPTIONYESNO ANCP-CHK release 4/21/2010 PAGE 2 2 cont. NOTE: Documents filed in a foreign language shall be accompanied by an English translation and an affidavit by the translator stating his/her qualifications and that the translation is accurate. [see CPLR §2101(b)]. 3.Verify again that all information set forth is as indicated in the Exemplified and/or Authenticated documents from foreign state. NOTE: If petition indicates that time has not yet passed for Will to be subject to contest under the laws of the foreign state, do not admit to ancillary probate, hold in abeyance until such time as verification from foreign Court is filed indicating that time has passed and it is not being contested. NOTE: Bond of Ancillary Fiduciary may be required. [see SCPA §801(c)(ii)] 4a.Is all the New York State property listed with complete address, description and value? Verify jurisdiction at this time with property situate in your County, real or personal. (see SCPA §206) All items must be completed. If non-applicable, please indicate. NOTE: Filing fee on Ancillary Probate is based on the value of New York Property only. (see SCPA §2402) 4b.If cause of action is listed complete details must be included; if none, so state. 5.Issue citation for service on Interested parties listed here as set forth in form (unless waivers and consents to ancillary probate have been submitted). Always cite the New York State Department of Taxation and Finance (see SCPA §1609.3) UNLESS a Notice of Appearance and Consent by Tax Commissioner has been filed with Stipulation Reserving Domicile. If Letters Are Requested Cite: 1) Domiciliary (New York State) Creditors or those claiming to be creditors; 2) Those entitled to letters or entitled to designate an appointee. (see instructions on item 1 of this checklist for those entitled to letters - SCPA §1604) 6.Only beneficiaries who reside in New York State (domiciliary beneficiaries) and who are named in the Will/Codicil being offered for Ancillary Probate need be listed here. If Letters are Requested: Notice of Ancillary Probate with proof of mailing to all listed if they have not been served with process, waiver, or otherwise appeared in the proceeding. Both (a) and (b) must be completed. If none applicable, so indicate. PET ¶ #DESCRIPTIONYESNO ANCP-CHK release 4/21/2010 PAGE 3 7.This must be completed. Either “except” crossed out or “none” indicated. 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? (If yes, submit a combined Corporate Verification, Consent and Designation) NOTE: Certification must be provided from a financial institution that they are qualified to act as a fiduciary in the State of New York. 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? PARTIAL FEE SCHEDULE SCPA/EPTL§ or Rule # Filing Fee Have the proper fees been included with petition? Fees per schedule; $6.00 for each Certificate of Appointment. Filing fee is based upon the values of the New York State Property only owned individually by the decedent or payable to the Estate - see SCPA §2402(8) 0 but under 10,000$ 45.00 10,000 but under 20,00075.00 20,000 but under 50,000215.00 50,000 but under 100,000280.00 100,000 but under 250,000420.00 250,000 but under 500,000625.00 500,000 and over1,250.00 2402 ANCP-CHK release 4/21/2010 PAGE 4 COMMENTS AND COURT NOTES Form Number SCPA/EPTL§ or Rule # When Permitted Whenever a non-domiciliary decedent leaves real and/or personal property which needs to be administered under NYS law and there has been probate in the foreign jurisdiction. 1602 Forms Always Required •Petition for Ancillary Probate •Exemplified/Authenticated Record of Foreign Proceeding (Will, Order Appointing, Letters of Appointment) •Citation (or waiver and consent from tax department) AP-1 AP-2 1609 1614 CPLR 4540 1609 Forms or Documents Sometimes Required •Certified Death Certificate •Notice of Ancillary Probate with Affidavit of Mailing •Renunciation of Nominated Executor •Self-addressed stamped envelope •Bond AP-3 P-10 1608(5) 801(c)(ii) Proofs of Service of Citation must be filed with the Court at least two (2) working days before the return date. Letters will not be delivered until Notice of Ancillary Probate and Affidavit of Mailing are filed if applicable. 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.