New York Probate Form JA-8

Final/intermediate Decree Of Judicial Settlement For Executor/administrator

Everything you need to know about New York Form JA-8, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related NY probate forms.

Be the first to rate this form!
Hand holding a pen filling out the form
Purple Circle Background

About Final/intermediate Decree Of Judicial Settlement For Executor/administrator

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.

Final/intermediate Decree Of Judicial Settlement For Executor/administrator 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 Final/intermediate Decree Of Judicial Settlement For Executor/administrator

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Final/intermediate Decree Of Judicial Settlement For Executor/administrator:

  • This form pertains to the State of New York

  • The current version of this form was last revised on January 1, 1970

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 JA-8 - Final/intermediate Decree Of Judicial Settlement For Executor/administrator up to date, certain details can change from time-to-time with little or no communication.

How to file Form JA-8

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 JA-8, 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 JA-8 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 JA-8 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 Final/intermediate Decree Of Judicial Settlement For Executor/administrator 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?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

Atticus DIY Probate & Estate Settlement App Image

Sponsored by Atticus App

Need help with New York Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

When Final/intermediate Decree Of Judicial Settlement For Executor/administrator is due

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 JA-8 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 JA-8, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form JA-8 Online

Final/intermediate Decree Of Judicial Settlement For Executor/administrator 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 JA-8 - Final/intermediate Decree Of Judicial Settlement For Executor/administrator 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.

Final/intermediate Decree Of Judicial Settlement For Executor/administrator 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.

Purple Lightbulb Icon

Did you know?

  • Form JA-8 - Final/intermediate Decree Of Judicial Settlement For Executor/administrator is a probate form in New York.

  • New York has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in New York.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in New York, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Final/intermediate Decree Of Judicial Settlement For Executor/administrator

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form JA-8

Here’s the text, verbatim, that is found on New York Form JA-8 - Final/intermediate Decree Of Judicial Settlement For Executor/administrator. You can use this to get an idea of the context of the form and what type of information is needed.

SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF -----------------------------------------------------------------------------X ACCOUNTING BY ______________________________ FINAL/INTERMEDIATE DECREE OF JUDICIAL SETTLEMENT as the _________________________________________ FOR EXECUTOR-ADMINISTRATOR of the ESTATE OF _______________________________ File No. a/k/a __________________________________________ Deceased. -----------------------------------------------------------------------------X A petition praying for a decree judicially settling the final/intermediate account having been presented and filed in this court and the time to present claims against the estate having expired, and a citation having been issued directed to all persons int erested in this proceeding requiring them to show cause why a decree should not be granted judicially settling the account prayed for in the petition, and the citation having been returned with proof of due service thereof on the following: ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ and duly executed waivers of the service of citation or receipts and releases having been filed for the following: ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ and the following parties having appeared in answer to the citation: _________________________________________________________________________________________________ and , attorneys, having appeared for the petitioner, and there being no other appearances; and the Surrogate having appointed as guardian ad litem for the following persons under a disability: _________________________________________________________________________________________________ _________________________________________________________________________________________________ and each guardian ad litem having filed a report recommending that the account be judicially settled and no objection having been filed to the account; and it appearing that all tax returns required by law have been filed and all New York State estate taxes have been fully paid, provision made therefore, or the estate is exempt from tax; and the Surrogate having examined the account and having found that each petitioner has fully accounted for all of the monies and property of the estate that have come into the petitioner’s hands for the period of the account, as adjusted, it is ORDERED, ADJUDGED AND DECREED, that the final/intermediate account be and the same hereby is judicially settled and allowed as filed (and adjusted), and that the following is a summary thereof as settled: _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ SUMMARY PRINCIPAL ACCOUNT CHARGES: Schedule “A” - (Principal received) $______________________ Schedule “A – 1” - (Realized increases in principal) $______________________ Schedule “A – 2” - (Income Collected) $______________________ Total Charges $________________ CREDITS: Schedule “B” - (Realized decreases in principal) $_______________________ Schedule “C” - (Funeral and administration expenses) $_______________________ Schedule “D” - (Creditor’s claims actually paid) $_______________________ Schedule “E” - (Distributions of principal) $_______________________ Total Charges $________________ Balance on hand shown by Schedule G $________________ and it is further ORDERED, ADJUDGED AND DECREED, that petitioner(s) pay the remaining cash and transfer, assign and deliver the other remaining assets as shown in the account as follows: To the petitioner: as and for commissions the sum of $_________________ To the petitioner: as and for commissions the sum of $_________________ To the attorney: for legal services rendered for the benefit of the estate the sum of $_________________ and for costs and disbursements (which sums are in addition to any payments made on account and allowed by the court) $__________________ To the guardian ad litem: for services as guardian ad litem: $__________________ and it is further ORDERED, ADJUDGED AND DECREED, that the balance remaining on hand in the amount of $___________________ be paid as follows: To:_____________________ $_____________________ To:_____________________ $_____________________ To:_____________________ $_____________________ ORDERED, ADJUDGED AND DECREED, that upon complying with the directions of this decree and the filing of the receipts for the payments herein directed, the petitioner (s) hereby shall be discharged as to all matters and things contained in this accounting and decree. Dated: ___________________, 20_______ _______________________________ Judge of the Surrogate’s Court

Get Your Probate Forms

Need help finding the rest of your New York Probate forms?

Atticus has probate and estate settlement forms for your State.

Comments