Petition For Letters Of Administration C.ta. (After Probate)

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 Letters Of Administration C.ta. (After 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:

Atticus Fast Facts About Petition For Letters Of Administration C.ta. (After Probate)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Letters Of Administration C.ta. (After Probate):

• 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 CTA-1 - Petition For Letters Of Administration C.ta. (After Probate) 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 CTA-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 CTA-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 CTA-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 Letters Of Administration C.ta. (After Probate) 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 CTA-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 CTA-1, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Letters Of Administration C.ta. (After 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 CTA-1 - Petition For Letters Of Administration C.ta. (After 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 Letters Of Administration C.ta. (After 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.

Here’s the text, verbatim, that is found on New York Form CTA-1 - Petition For Letters Of Administration C.ta. (After Probate). 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 $__________________ ___________Certs: ______________ $__________Bond, Fee: ___________ Receipt No:_________No:___________ DO NOT LEAVE ANY ITEMS BLANK SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF ______________________________ _______________________________________________X LETTERS OF ADMINISTRATION c.t.a., WILL OF _____________________________________________ a/k/a_____________________________________________ Deceased. __________________________________________X PETITION FOR LETTERS OF ADMINISTRATION c.t.a AFTER PROBATE SCPA 1418 AND 1419 File No. TO THE SURROGATE’S COURT, COUNTY OF ____________________ : It is respectfully alleged: 1. (a)The name, citizenship, domicile (or, in the case of a bank or trust company, its principal office) and interest in this proceeding of the petitioner(s) is/are as follows:__________________________________________ Name: _________________________________________________________________________________________ Domicile or Principal Office: ________________________________________________________________________ (Street and Number) (City, Village or Town) _______________________________________________________________________________________________ (County)(State) (Zip) (Telephone Number) Mailing Address: _________________________________________________________________________________ (If different from domicile) Citizenship (check one): USA Other (specify) __________________________ Name:__________________________________________________________________________________________ Domicile or Principal Office: ________________________________________________________________________ (Street and Number) (City, Village or Town) _______________________________________________________________________________________________ (County) (State) (Zip) (Telephone Number) Mailing Address: _________________________________________________________________________________ (If different from domicile) Citizenship (check one): U.S.A. Other (specify) __________________________ Interest (s) of Petitioner (s):[Check one] Sole BeneficiaryResiduary Beneficiary Other [Specify] _____________________________________________________________________ 1.(b)The proposed Administrator c.t.a. is is not an attorney. [NOTE: An Administrator c.t.a. - Attorney must comply with Uniform Court Rule 207.16 (e). (See also 207.52)] 2.The will of the above-named decedent was admitted to probate by the Surrogate’s Court of ___________________County on ______________________ and Letters Testamentary were issued to _________________________________ , who on____________________________________________, died resigned was removed. CTA-1 -2- 3.The names and addresses of all persons and parties interested in this proceeding having a right to letters of administration c.t.a. (with the will annexed) prior or equal to the petitioner under the provisions of SCPA §1418 and 1419, are as follows: [Furnish all information specified in NOTE below, if required] Name_________________________ Domicile Address and______________________Description of Legacy, Devisee Relationship______________________Mailing Address____________________________or Other Interest, or Nature of Fiduciary Status: _________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ 4.The names and addresses of all persons and parties who are beneficiaries named in the will other than those named in paragraph 3 above are as follows: [Furnish all information specified in NOTE below, if required] Name_________________________ Domicile Address and______________________Description of Legacy, Devisee Relationship______________________Mailing Address____________________________or Other Interest, or Nature of Fiduciary Status:__________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ 5.There are no persons other than those hereinbefore mentioned interested in this proceeding. 6.There are no outstanding debts or funeral expenses, except: [If “NONE” so state] 7.(a) To the best of the knowledge of the undersigned, property of the estate remains unadministered as follows: 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 $ _________________________________________________ (b) No other testamentary assets exist in New York State, nor does any cause of action exist on behalf of the estate as follows: [Enter “NONE” or specify] _______________________________________________________ [NOTE: In the case of each infant, state (a) name, birth date, relationship to decedent, domicile and residence address, and the person with whom he/she resides, (b) whether or not he/she has a court-appointed guardian (if not, so state), and whether or not his/her father and/or mother is living, and (c) the name and residence address of any court-appointed guardian and the information regarding such appointment. In the case of each other person under a disability, state (a) name, relationship to decedent, and residence address, (b) facts regarding this disability including whether or not a committee, conservator, guardian, or any other fiduciary has been appointed and whether or not he/she has been committed to any institution, and (c) the names and addresses of any committee, person or institution having care and custody of him/her; conservator; guardian; and any relative or friend having an interest in his/her welfare. In the case of a person confined as a prisoner, state place of incarceration and list any person having an interest in his/her welfare. Wherefore, petitioner (s) pray (s)(a) that process issue to all necessary parties and (b) that letters issue as follows: Letters of Administration c.t.a. to: ______________________________________________________ (c) [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) -3- COMBINED VERIFICATION, OATH & DESIGNATION [For use when petitioner is to be appointed administrator c.t.a.] STATE OF _________________ ) COUNTY OF _______________) SS.: The undersigned, the petitioner named in the foregoing petition, being duly sworn says: 1. VERIFICATION: 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 therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. 2. OATH OF 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 the administrator c.t.a.. 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 may be made, in like manner 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) ___________________________________ (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 sworn to such instrument before me and duly acknowledge that he/she executed the same. _______________________________ Notary Public Commission Expires: (Affix Notary Stamp or Seal) Signature of Attorney: ___________________________________________________________________________ Print Name: ___________________________________________________________________________________ Firm Name: ______________________________________________________Tel. No.: __________________ Address of Attorney: ____________________________________________________________________________ -4- COMBINED CORPORATE VERIFICATION, CONSENT AND DESIGNATION [For use when a petitioner to be appointed is a bank or trust company] STATE OF _______________ ) COUNTY OF ______________) ss: The undersigned, a ____________________________________________________________________ of ________________________________________________ (Title)_______________________________________ ____________________________________________________________________________________________ (Name of Bank or Trust Company) a corporation duly qualified to act in a fiduciary capacity without further security, being duly sworn, say: 1. VERIFICATION: 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 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 Administrator c.t.a. of the decedent described in the foregoing petition and consent to act as such 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 may be made, in like manner 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 the ____________________________________________ , _________________ , 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 the he/she signed his/her name thereto by order of the Board of Directors of the corporation. Notary Public ____________________________________________ Commission Expires: (Affix Notary Stamp or Seal) Signature of Attorney: _______________________________________________ Print Name: _______________________________________________ Firm Name: _______________________________________________Tel. No.: ____________________ Address of Attorney: ______________________________________________________________________________ -5- LETTERS OF ADMINISTRATION c.t.a. CITATIONFile 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 ________________________________________________________________________ granting administration c.t.a. and directing that Letters of Administration c.t.a. issue to ___________________ _______________________________________________________________________________(State any further relief requested)_____________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ HON. ______________________________ Dated, Attested and Sealed,Surrogate , ______________________________________________ (SealChief Clerk ________________________________________________________________________________________ Attorney for Petitioner Telephone Number ________________________________________________________________________________________ Address of Attorney [Note: This citation 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.] -6- SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF _______________________________ X LETTERS OF ADMINISTRATION c.t.a. WILL OF___________________________________________ a/k/a_______________________________________________ Deceased. X RENUNCIATION OF LETTERS OF ADMINISTRATION c.t.a. WAIVER OF PROCESS AND CONSENT TO DISPENSE WITH BOND File No. _______________________ The undersigned, ___________________________________ , a person interested in this estate as a beneficiary with equal or prior right to receive letters a beneficiary of the estate a creditor other (specify) _______________________________________________________ hereby personally appears in this proceeding in the Surrogate’s Court of __________________________ County and 1.Renounces all rights to Letters of Administration c.t.a. 2.Waives the issuance and service of citation in the above entitled proceeding. 3.Consents that Letters of Administration c.t.a. be granted by the Court to_____________________ or any other person or persons entitled there to without any notice whatsoever to the undersigned. 4.Consents to dispense with bond of the Administrator c.t.a. and if such consent be filed by some but not all of the persons interested in the estate, specifically releases any claim under any bond that may be required of such Administrator c.t.a. ________ Date ________________________________ Signature ____________________________ Street Address ____________________ Relationship __________________________________________ Print Name __________________________________________________ Town/State/Zip STATE OF NEW YORK COUNTY OF ______________________ss.: ____________________________________________ 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 Stamp or Seal) Name of Attorney: _______________________________________Tel. No.:___________________ Address of Attorney: ____________________________________ CTA-3 (7/98) -7- SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF ___________________________ ________________________________________X PROBATE PROCEEDING, WILL OF _______________________________ a/k/a ___________________________________ Deceased. ________________________________________X AFFIDAVIT OF NO DEBT (For use with Letters of Administration c.t.a.) File No. ____________________________ STATE OF NEW YORK ) ) ss.: COUNTY OF ___________________________ ) ___________________________________________________________________, being duly sworn, deposes and says that he/she resides at ___________________________________________________, County of ___________________, State of ___________________________________; that he/she is the person seeking appointment as administrator c.t.a. in the above entitled proceeding; that the value of all personal property receivable by the fiduciary of the estate of the above-named decedent plus estimated gross rents receivable by said fiduciary for 18 months will not exceed the sum of $________________________; that deponent has made a diligent search to ascertain whether or nor there are any debts or claims against the estate of said decedent and that there are no claims, including unpaid funeral and medical bills, except as follows: [If “none”, write “NONE”] _______________ NAMEADDRESSNATURE OF CLAIMAMOUNT ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________ Sworn to be fore me this ____________Signature day of _________________, 20_______ ____________________________ Print Name ________________________________ Notary Public Commission Expires: (Affix Notary Stamp or Seal) Name of Attorney____________________________________________ Tel. No.:______________________ Address of Attorney________________________________________________________________________ P-12 (10/96)