Everything you need to know about New York Form AP-1, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related NY probate forms.
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.
Petition For Ancillary Probate 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:
NY Form AP-1, which may also referred to as Petition For Ancillary Probate, is a probate form in New York. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Ancillary Probate:
This form pertains to the State of New York
The official New York source for this form is here.
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 ’s Form AP-1 - Petition For Ancillary Probate up to date, certain details can change from time-to-time with little or no communication.
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.
Fill out all relevant fields in Form AP-1, 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 AP-1 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).
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.
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?
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.
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?
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.
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.
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.
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 AP-1, and when in doubt— consult a qualified trust & estates lawyer for that area.
Petition For Ancillary Probate 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 AP-1 - Petition For Ancillary Probate 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.
Petition For Ancillary Probate 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.
NY Form AP-1, which may also referred to as Petition For Ancillary Probate, is a probate form in New York. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.
Form AP-1 - Petition For Ancillary Probate 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.
What is probate, exactly?
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.
Where can I get help with 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!
What does a NY executor or personal representative have to do?
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.
Here’s the text, verbatim, that is found on New York Form AP-1 - Petition For Ancillary Probate. You can use this to get an idea of the context of the form and what type of information is needed.
For Office Use Only Filing Fee Paid $ Certs $ $Bond, Fee: Receipt No:No: DO NOT LEAVE ANY ITEMS BLANK SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF____________________________ ----------------------------------------------------------------------------------X ANCILLARY PROBATE PROCEEDING, WILL OFPETITION FOR ANCILLARY PROBATE __________________________________________ SCPA ARTICLE 16 Ancillary Letters Testamentary a/k/a_______________________________________ Ancillary Letters of Administration c. t. a. W ithout Ancillary Letters a domiciliary of the State of _____________________ Deceased.File No.________________________ ----------------------------------------------------------------------------------X TO THE SURROGATE’S COURT, COUNTY OF__________________ It is respectfully alleged: 1. The nam e, citizenship, dom icile (or, in the case of a bank or trust com pany, its principle office) and interest in this proceeding of the petitioner(s) are as follows: Name: Domicile or Principal Office: (Street and Number) __________________________________________________________________________________________________ (City, Village or Town)(State)(Zip Code) Mailing address:__________________________________________________________________________ (If different from domicile) Citizen of:_____________________________ Name:____________________________________________________________________________________________ Domicile or Principal Office: (Street and Number) __________________________________________________________________________________________________ (City, Village or Town)(State)(Zip Code) Mailing address:________________________________________________________________________ (If different from domicile) Citizen of: Interest (s) of Petitioner (s): [Check one] Executor(s) named in decedent’s will Creditor Other (Specify)______________________________________________________________________ 2. The name, domicile, date and place of death, and national citizenship of the above-named decedent are as follows: (a)Name:_________________________________________________________________________ (b)Date of Death:___________________________________________________________________ (c)Place of Death:__________________________________________________________________ (d)Domicile: Street__________________________________________________________________ City, Town, Village________________________________________________________________ County__________________________State __________________________________________ (e)Citizen of:______________________________________________________________________ AP-1 (4/99) -1- 3. Decedent left a will in writing dated _____________________________________________________ (and codicil dated), which was duly admitted to probate on by the ________________ Court, County of ________________________, State of _______________________________ being a competent court of the state of the domicile of decedent having jurisdiction thereof, and the will/codicil is not subject to contest under the laws of that state. On ________________________________, letters were issued by the court to _________________________________, and the amount of the security given on the original appointment was $_________________. Under the will/codicil a bond is is not dispensed with. [If additional space is needed in Paragraphs 4, 5 and 6, attach addendum.] 4. (a) The will/codicil upon ancillary probate may operate upon property in the State of New York consisting of real property and personal property described and valued as follows: [list item s and describe briefly, giving location. If space is insufficient, attached addendum]. Personal Property$__________________________ Improved real property in New York State$__________________________ Unimproved real property in New York State$__________________________ Estimated gross rents for a period of 18 months$__________________________ Total$__________________________ 4. (b) No other testamentary assets exist in New York State, nor does any cause of action exist on behalf of the estate, except as follows: [Enter “NONE” or specify] _________________________________________________________________________________________________ __________________________________________________________________________________________________ Exemplified copies of the will/codicil, the decree admitting the will/codicil to probate, and the letters issued, if any are submitted as part of this petition. 5. The names, addresses and interests of all persons entitled to process [(a) New York State Department of Taxation and Finance, (b) all domiciliary creditors or domiciliaries claiming to be creditors, and (c) such other persons entitled to letters pursuant to SCPA §1604] are as follows: NameAddressNature of Interest New York State Departm ent ofOr Am ount of Claim Taxation and FinanceAlbany, New York ________________________ ____________________ ______________________ ________________________ ____________________ ________________________ ________________________ AP-1 (4/98)-2- 6. The nam e and address of each dom iciliary beneficiary under the will/codicil having an interest in the property in this state is as follows: (a) Each beneficiary who is of full age and sound mind or which is a corporation or association: NameAddressInterest [Refer to Paragraph of W ill] __________________________________________________________________________ ______________________ _________________________ ___________________________ (b) Each beneficiary who is an infant or otherwise under a disability: [State disability and see SCPA §304(3)] NameAddressInterest [Refer to Paragraph of W ill] ______________________ Disability:__________________________________________________________________________________________ __________________________________________________________________________________________________ Disability: __________________________________________________________________________________________ 7. There are no persons interested in this proceeding other than those herein before mentioned. No previous application for ancillary probate with or without ancillary letters has been made, except ____________________________ _________________________________________________________________________________________________ __________________________________________________________________________________________________ W HEREFORE, petitioner(s) pray(s) (a) that process issue to all necessary parties (b) that the W ill/Codicil be admitted to ancillary probate and (c) that ancillary letters issue thereon as follows: Ancillary Letters Testamentary to:_ __________________________________________________________________ _________________________________________________________________________________________________ Ancillary Letters of administration c.t.a. to:____________________________________________________________ __________________________________________________________________________________________________ No Ancillary Letters to be issued (d) [State any other relief requested] ____________________________________________________________________ Dated:______________________________ 1. _________________________________2. _____________________________________ (Signature of Petitioner)(Signature of Petitioner) ________________________________________________________________________ (Print Name)(Print Name) 3. _________________________________ (Name of Corporate Petitioner) _________________________________ (Signature of Officer) _________________________________ (Print Name and Title of Officer) AP-1 (4/98)-3- SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF _____________________________ ----------------------------------------------------------------------------------X ANCILLARY PROBATE PROCEEDING, WILL OFCOMBINED VERIFICATION __________________________________________________OATH AND DESIGNATION a/k/a ______________________________________________ File No. _________________________ a domiciliary of the State of ____________________________ Deceased ----------------------------------------------------------------------------------X STATE OF _______________________) COUNTY OF______________________)ss: The undersigned, the petitioner named in the foregoing petition, being duly sworn, says: 1. VERIFICATION: I have read the forgoing petition subscribed by me and know the contents thereof, and the same is true of my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. 2. OATH OF ANCILLARY Executor Administrator c.t.a.: I am over eighteen (18) years of age and a citizen of the United States; I will well, faithfully and honestly discharge the duties of ancillary executor/administrator c.t.a. under the will. I am not ineligible to receive letters. 3. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I do hereby designate the clerk of the Surrogate’s Court of _________________________________ County, and his or her successor in office as a person on whom service of any process issuing from such Surrogate’s Court m ay be m ade, in like m anner and with like effect as if it were served personally upon me, whenever I cannot be found within the State of New York after due diligence used. My domicile is_____________________________________________________________________________________ (Street Address)(City/Town/Village)(State) (Zip Code) _______________________________________ (Signature Of Petitioner) _______________________________________ (Print Name) On ___________________________________________________________________, before me personally came ______________________________________________________________________________________________ to me known to be the person described in and who executed the foregoing instrument. Such person duly swore to such instrument before me and duly acknowledged that he/she executed the same. _____________________________________ Notary Public Commission Expires: (Affix Notary Stam p or Seal) Signature of New York Attorney:________________________________________________________________________ Print Name of New York Attorney:_______________________________________________________________________ Firm Name: _________________________________________________Tel. No.:________________________________ Address of New York Attorney:_________________________________________________________________________ __________________________________________________________________________________________________ AP-1 (4/98)-4- SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF _____________________________ ----------------------------------------------------------------------------------X ANCILLARY PROBATE PROCEEDING, WILL OFCOMBINED CORPORATE VERIFICATION CONSENT AND DESIGNATION a/k/a ______________________________________________ File No. _____________________________ a domiciliary of the State of_____________________________ Deceased. ----------------------------------------------------------------------------------X STATE OF________________________) COUNTY OF______________________)ss: The undersigned, a _____________________________________________________________________of (Title)___________________________________________________________________________________________ ___________________________________________________________________________________________ (Nam e of Bank or Trust Com pany) a corporation duly qualified to act in a fiduciary capacity without further security, being duly sworn, says: 1. VERIFICATION: I have read the forgoing petition subscribed by me and know the contents thereof, and the same is true of my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. 2. CONSENT: I consent to accept the appointment as [ ] Ancillary Executor [ ] Ancillary Administrator c.t.a. under the will of the decedent described in the foregoing petition and consent to act as fiduciary. 3. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I do hereby designate the clerk of the Surrogate’s Court of _______________________________ County, and his or her successor in office as a person on whom service of any process issuing from such Surrogate’s Court m ay be m ade, in like m anner and with like effect as if it were served personally upon me, whenever I cannot be found within the State of New York after due diligence used. _______________________________________ (Name of Corporate Petitioner) _______________________________________ (Signature of Officer) _______________________________________ (Print Name and Title of Officer) On____________________________ , before me personally came____________________________________ to me known, who duly swore to the foregoing instrument and who did say that he/she resides at____________________ _________________________________and that he/she is a ______________ of_________________________________ the corporation/national banking association described in and which executed such instrument, and that he/she singed his/her name thereto by order of the Board of Directors. ____________________________ Notary Public Commission Expires: (Affix Notary Stam p or Seal) Signature of New York Attorney:________________________________________________________________________ Print Name of New York Attorney:_______________________________________________________________________ Firm Name:___________________________________ Tel. No.:_____________________________________________ Address of New York Attorney: _________________________________________________________________________ AP-1 (4/98)-5- ANCILLARY PROBATE CITATION File No._____________________ SURROGATE’S COURT- COUNTY CITATION THE PEOPLE OF THE STATE OF NEW YORK, By the Grace of God Free and Independent TO A petition having been duly filed by , who is domiciled at _______________________________________________________________________________________ YOU ARE HEREBY CITED TO SHOW CAUSE before the Surrogate’s Court,_______________________County, at , New York, on , at_____o’clock in the______noon of that day, why a decree should not be made in the estate of ____________________ _________________________________________________________________________________________________ lately domiciled at admitting to ancillary probate an exemplified copy of the W ill dated ___________________________________________, (A Codicil dated), as the W ill of ____________________________________________________ deceased, relating to real and personal property, and directing that Ancillary Letters Testamentary issue to:_________________________________________________ Ancillary Letters of Administration c.t.a. issue to:__________________________________________ No Ancillary Letters to be issued (State any further relief requested) HON. ______________________________________________ Dated, Attested and Sealed,Surrogate _______________________________________________________________________ (Seal) Chief Clerk __________________________________________________________________________________________________ Attorney for PetitionerTelephone Number __________________________________________________________________________________________________ Address of Attorney [Note: This is served upon you as required by law. You are not required to appear. If you fail to appear it will be assumed you do not object to the relief requested. You have a right to have an attorney appear for you.] AP-2 (12/97) SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF ____________________________ ----------------------------------------------------------------------------------X ANCILLARY PROBATE PROCEEDING, WILL OFNOTICE OF ANCILLARY PROBATE ___________________________________________________ a/k/a_______________________________________________ File No._______________________ a domiciliary of the State of_____________________________ Deceased ----------------------------------------------------------------------------------X Notice is hereby given that: 1. An exemplified copy of the W ill dated(and Codicil dated ) of the above named decedent, domiciled at ______________________________________________________________ State of______________________________has been offered for ancillary probate in the Surrogate’s Court for the County of_____________________________________. 2. The name(s) of proponent(s) of said W ill/Codicil is/are ___________________________________________________ _________________________________________________________________________________________ whose address(es) is/are _________________________________________________________________________________________________ 3. The nam e and post office address of each and every dom iciliary beneficiary of the above nam ed decedent as set forth in Paragraph 6 of the petition is/are as follows: NAMEMAILING ADDRESSNATURE OF INTEREST OR STATUS (USE ADDITIONAL SHEETS IF NECESSARY) Date ___________________________________ [Note: Complete Affidavit of Mailing. If serving infant 14 years of age or older, list and mail to infant as well as parent or guardian.] Name of New York Attorney: Tel. No.: Address of New York Attorney: AP-3(12/97)-1- NAMEMAILING ADDRESSNATURE OF INTEREST OR STATUS _________________________ ___________________________ ______________________________ AFFIDAVIT OF MAILING NOTICE OF ANCILLARY PROBATE STATE OF NEW YORK) )ss.: COUNTY OF______________________) , residing at being duly sworn, says that he/she is over the age of 18 years, that on the ___________day of , he/she deposited in the post office or in a post office box regularly maintained by the government of the United States in the ________________________________of_____________________, State of New York, a copy of the foregoing Notice of Ancillary Probate contained in a securely closed postpaid wrapper directed to each of the persons named in said notice at the place set opposite their respective names. Sworn to before me this ________________ _____________________________________ Signature day of ____________________________________________________________________ Print Name ___________________________________ Notary Public Commission Expires:______________ (Affix Notary Stam p or Seal) Name of New York Attorney:___________________________________Tel. No.____________________________ Address of New York Attorney:____________________________________________________________________ AP-3(12/97)-2-