Petition For Judicial Settlement Of Account And Verification

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 Judicial Settlement Of Account And Verification 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 Petition For Judicial Settlement Of Account And Verification

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Judicial Settlement Of Account And Verification:

• 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-1 - Petition For Judicial Settlement Of Account And Verification 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 JA-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 JA-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).

Step 3 - Have Form JA-1 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 Petition For Judicial Settlement Of Account And Verification 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 JA-1 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-1, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Judicial Settlement Of Account And Verification 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-1 - Petition For Judicial Settlement Of Account And Verification 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 Judicial Settlement Of Account And Verification 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 JA-1 - Petition For Judicial Settlement Of Account And Verification. You can use this to get an idea of the context of the form and what type of information is needed.

-1- For Office Use Only Filing Fee Paid $ ____________ Receipt No: _________________ DO NOT LEAVE ANY ITEMS BLANK SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF ______________________ -------------------------------------------------------------------------------X ACCOUNTING BY ________________________________ as the __________________________________________ of the ESTATE OF ________________________________ a/k/a ___________________________________________ Deceased. -------------------------------------------------------------------------------X PETITION FOR JUDICIAL SETTLEMENT OF ACCOUNT OF [ ] Executor [ ] Administrator [ ] Trustee [ ] Other [specify] _________ File No. __________________ TO THE SURROGATE’S COURT, COUNTY OF ______________________ It is respectfully alleged: 1.The name(s), and address(es) of the petitioner(s), the type and date of letters issued, and the amount and surety of petitioner’s (s’) bond, if any, are as follows: Name: _________________________________________________________________________________________ Address: ______________________________________________________________________________________ (Street Address) (City/Town/Village) ______________________________________________________________________________________________ (County) (State) (Zip) (Telephone Number) Mailing address: _________________________________________________________________________________ (if different from above) Type of letters issued: _______________________________ Date letters issued: ___________________________ Amount of bond: $ ____________________________ Name of surety: ___________________________________ Name: ________________________________________________________________________________________ Address: ______________________________________________________________________________________ (Street Address) (City/Town/Village) ______________________________________________________________________________________________ (County) (State) (Zip) (Telephone Number) Mailing address: __________________________________________________________________________ (if different from above) Type of letters issued: _______________________________ Date letters issued: ___________________________ -2- 2.The decedent’s name, date of death and domicile are as follows: Name: ____________________________________________________ Date of death: ______________________ Domicile: ______________________________________________________________________________________ (Street Address) (City/Town/Village) ______________________________________________________________________________________________ (State) (Zip Code) Township of: ___________________________________ County of: _____________________________________ 3.The petitioner(s) present (s) and render (s) herewith, a verified account of petitioner’s (s’) proceedings in this estate or trust, for the period from to , showing the gross value of assets, including principal and income, to be the sum of $ . 4.[ ](a)An order was entered in this Court on , 20 . [ ] Exempting the estate from tax [ ] Fixing and assessing the tax due [Attach a copy of the tax order and receipt] [ ] (b)The following return (s) (was) (were) filed: [ ] ET-90 [For decedent’s dying on or after May 25, 1990]. A copy was filed with the Surrogate’s Court[ ] Yes [ ] No [ ] TT-385 [For decedent’s dying before May 25, 1990] [ ] 706 or 706NA The estate taxes with respect to this estate were paid in full. [Attach a copy of letter of discharge.] [ ] (c.) No tax proceeding or return was required for this estate. 5.The rendering of such account at this time is proper because check appropriate reason] [ ] seven months have elapsed since letters were issued to petitioner(s); [ ] letters issued to the petitioner(s) have been revoked, [ ] more than one year has elapsed since the preceding account of the petitioner(s) was settled; [ ] other reason [specify]: 6. The names and post-office addresses of all persons and parties interested in this proceeding who are required to be cited under the provisions of Surrogate’s Court Procedure Act §2210, or otherwise, or concerning whom or which the Court is required to have information, are set forth in subdivision (a) or (b): (a)All persons and parties so interested herein who are of full age and sound mind, or which are corporations or associations, are as follows: -3- Name Nature of Interest P.O. Address ____________________________ _________________________ _______________________ ____________________________ _________________________ _______________________ ____________________________ _________________________ _______________________ (b) All persons so interested herein who are infants or incompetents or persons believed to be mentally incapable to adequately protect their rights, or persons whose existence, identity, or whereabouts are unknown (including persons who are virtually represented under SCPA §315) are as follows: [Furnish all information specified in NOTE at bottom of page] Name Nature of Interest P.O. Address ____________________________ __________________________ ________________________ ____________________________ __________________________ ________________________ ____________________________ __________________________ ________________________ ____________________________ __________________________ ________________________ [NOTE: In the case of each infant, state (a) name, birth date, age, nature of interest, domicile, residence address, and the person with whom he/she resides; (b) whether or not he/she has a guardian or testamentary guardian, and whether or not his/her father, or if he/she be dead, his/her mother is living; and (c) the name and post office address of any guardian and any living parent. In the case of each incompetent or person incapable of adequately protecting his/her rights, state (a) name, nature of interest, and post office address; (b) facts regarding his/her incompetency, including whether or not a committee has been appointed and whether or not he/she has been committed at any institution; (c) the names and post office addresses of any committee, conservator, guardian, and person or institution having care and custody of him/her, and any relative or friend having an interest in his/her welfare. In the case of unknowns, describe in identical language to be used in citation for publication. In the case of a person confined as a prisoner, state place of incarceration. With respect to virtual representation see Uniform Court Rule, §207.18.] 7. There are no persons interested in this proceeding other than those herein about mentioned. 8. No prior application has been made to this or any other court for the relief requested in this petition. WHEREFORE the petitioner(s) pray (s) that the account of proceedings be judicially settled -4- [specify any other relief requested.] ______________________________________________________________________________________________ and that process be issued to all necessary parties who have not appeared to show cause why the relief requested should not be granted; and that an order be granted directing the service of process pursuant to the provisions of SCPA Article 3 upon such persons named in Paragraph (6) whose names or whereabouts are unknown and cannot be ascertained or who may be persons on whom service by personal delivery cannot be made. Dated: __________________________ 1. __________________________________________ (Signature of Petitioner) 2. ____________________________________________ (Signature of Petitioner) __________________________________________ (Print Name) __ (Print Name) 3. ___________________________________________ (Name of Corporate Petitioner) _____________________________________________ (Signature of Officer) ________ (Print Name and Title of Officer) -5- VERIFICATION [For use when petitioner is an individual] STATE OF NEW YORK ) COUNTY OF ) ss.: The undersigned, the petitioner (s), named in the foregoing petition, being duly sworn, say (s): (I) (We) have read the foregoing petition subscribed by me (us) and know the contents thereof, and the same is true of (my) (our) own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters (I) (we) believe it to be true. ______________________________________________ (Signature of Petitioner) (Print Name) ______________________________________________ (Signature of Petitioner) ______________________________________________ (Print Name) Sworn to before me on , 20 ____ Notary Public Commission Expires: ____________________ (Affix Notary Stamp or Seal) Signature of Attorney: ______________________________________________ Print Name: ______________________________________________________ Name of Attorney: _________________________________________________ Tel. No.: ____________________ Address of Attorney: ______________________________________________________________________________ -6- VERIFICATION [For use when petitioner is a bank or trust company] STATE OF NEW YORK ) COUNTY OF ) ss.: I, the undersigned, a of (Title) (Name of Bank or Trust Company) being duly sworn, say (s), I have read the foregoing petition subscribed by me and know the contents thereof, and the same is true of my own knowledge, except as to the matters stated to be alleged upon information and belief, and as to those matters I believe it to be true. _ (Name of Bank or Trust) BY ___________________________________ (Signature of Officer) _____________________________________ (Print Name and Title) Sworn to before me on , 20 _____ Notary Public Commission Expires: ______________ (Affix Notary Stamp or Seal) Signature of Attorney: Print Name: _______________________________________________ Name of Attorney: __________________________________________ Tel. No.:_____________________ Address of Attorney: ______________________________________________________________________________