Compulsory Accounting And Related Relief 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.

Compulsory Accounting And Related Relief 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 Compulsory Accounting And Related Relief Checklist

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Compulsory Accounting And Related Relief Checklist:

• This form pertains to the State of New York

• The current version of this form was last revised on August 9, 2004

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 Compulsory Accounting And Related Relief 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 Compulsory Accounting And Related Relief 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 Compulsory Accounting And Related Relief 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 Compulsory Accounting And Related Relief 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 Compulsory Accounting And Related Relief Checklist, and when in doubt— consult a qualified trust & estates lawyer for that area.

Compulsory Accounting And Related Relief 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 Compulsory Accounting And Related Relief 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.

Compulsory Accounting And Related Relief 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 Compulsory Accounting And Related Relief Checklist. You can use this to get an idea of the context of the form and what type of information is needed.

COMP-ACTG-CHK release 8/9/04 Page 1 This Checklist is provided for your convenience while completing the petition and the checklist should not be returned to the Court. Compulsory Accounting and Related Relief Proceeding Checklist (see Surrogate’s Court Form JA-10, rev. 1/2004) Fill in All Areas On All Pages - Also Mark When Not Applicable When Necessary Strike Any Paragraphs/Sections Which Do Not Apply Check All Forms To Make Sure Venue Is Correct - Appropriate County Is Listed PET ¶ # DESCRIPTIONYESNO Does the caption mirror the estate file name and appointee? 1.Is the petitioner a proper party? [see SCPA §2205(2)] Is the petitioner ...a creditor a person interested [see SCPA 103(39)] a public administrator or county treasurer a person on behalf of an infant or child born after the making of the will a fiduciary of a deceased person interested a surety on the bond of the fiduciary a successor fiduciary or a remaining fiduciary a co-fiduciary after the filing of an account and petition for judicial settlement the attorney general of the state where any part of the estate may escheat to the state of New York Is the petitioner’s name, address and citizenship listed? 2.Is the decedent’s date of death listed? 3.Is the type of letters, county and date of issuance listed? Is fiduciary’s name and address listed? 4.Check that fiduciary has not filed an account. 5.Is the interest of the petitioner and reasons for requesting a compulsory accounting described? 6.If additional relief other than a compulsory accounting is requested, are the names, addresses and nature of interest of all parties listed? [see SCPA §2206(2)] Under WHEREFORE Clause: has all relief requested been checked and completed? Has any relief not applicable been struck out? PET ¶ # DESCRIPTIONYESNO COMP-ACTG-CHK release 8/9/04 Page 2 Is petition dated, signed, verified, properly notarized (including proper jurat and expiration date of notary’s commission)? Is attorney’s name, address and phone number listed? Has Part 130 Certification been completed? if NOT , has a separate attorney 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? FEE SCHEDULE SCPA/EPTL§ or Rule # Has the proper fee been included with the petition? Filing fee is according to SCPA §2402(8)(a)$30.00 2402 COMMENTS AND COURT NOTES Form Number SCPA/EPTL§ or Rule # When Permitted On Court’s own motion or by petition of proper party. 2205 Forms Always Required •Petition for a Compulsory Accounting and Related Relief •Compulsory Accounting Citation JA-10 JA-9 Forms or Documents Sometimes Required •Order Directing Compulsory Accounting •Affidavit of Service of Citation •Copy of Supreme Court Order (proof of disposition of the matter must be provided: withdrawal, discontinuance, order transferring action/part of action, etc.) Proposed Citation must include all relief requested in petition wherefore clauses. Proofs of Service of Citation must be filed with the Court at least two (2) working days before the return date. 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.