Petition For Letters Of Administration Dbn With Combined Verification, Oath And Designation, And Schedules

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 Dbn With Combined Verification, Oath And Designation, And Schedules 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 Dbn With Combined Verification, Oath And Designation, And Schedules

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Letters Of Administration Dbn With Combined Verification, Oath And Designation, And Schedules:

• 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 ADM/DBN-1 - Petition For Letters Of Administration Dbn With Combined Verification, Oath And Designation, And Schedules 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 ADM/DBN-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 ADM/DBN-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 ADM/DBN-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 Dbn With Combined Verification, Oath And Designation, And Schedules 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 ADM/DBN-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 ADM/DBN-1, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Letters Of Administration Dbn With Combined Verification, Oath And Designation, And Schedules 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 ADM/DBN-1 - Petition For Letters Of Administration Dbn With Combined Verification, Oath And Designation, And Schedules 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 Dbn With Combined Verification, Oath And Designation, And Schedules 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 ADM/DBN-1 - Petition For Letters Of Administration Dbn With Combined Verification, Oath And Designation, And Schedules. 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 LETTERS OF ADMINISTRATION d.b.n. ESTATE OF __________________________________ a/k/a______________________________________ Deceased. ______________________________________________X PETITION FOR LETTERS OF ADMINISTRATION d.b.n. SCPA 1007 [ ] Letters of Adm inistration d.b.n. [ ] Letters of Adm inistration d.b.n. with Lim itations [ ] Lim ited Letters of Adm inistration d.b.n. 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 blank or trust company, its principal office) and interest in this proceeding of the petitioner(s) is/are as follows: Name: __________________________________________________________________________________________ ________________________________________________________________________________________________ Dom icile or Principal O ffice: (Street and Number) (City, Village or Town) _______________________________________________________________________________________ (County)(State)(Zip Code)(Telephone Number) M ailing Address: __________________________________________________________________________________________ (If different from domicile) Citizenship (Check one):[ ] U.S.A.[ ] Other (specify) Nam e: _________________________________________________________________________________________________ (Street and Number)(City, Village or Town) _______________________________________________________________________________________________________ (County)(State)(Zip Code)(Telephone Number) Domicile or Principal Office: _________________________________________________________________________ Mailing Address: ___________________________________________________________________________ (If different from domicile) Citizenship (Check one):[ ] U.S.A.[ ] Other (specify) Interest (s) of Petitioner (s): [Check one] [ ]Distributee of decedent (state relationship) ________________________________________________ [ ]Other [Specify] ______________________________________________________________________ 1. (b) Is the proposed Administrator d.b.n. an attorney?Yes [ ]No [ ] [NOTE: If yes, submit statem ent pursuant to 22 NYCRR 207.16(e); see also 207.52] 2. Letters of Administration of the above-named decedent were issued by this court on ________________, to _______________________, who on __________________ [ ] died[ ] resigned[ ] was rem oved. ADM/DBN-1 (7/98) -1- [Note: For paragraphs 3a through c: Do not include any assets that are jointly held, held in trust for another, or have a named beneficiary.] 3. (a) The estimated gross value of unadministered personal property passing by intestacy is less than $ _________________. (b) The estim ated gross value of the decedent’s unadm inistered real property, in this state, which is [ ] im proved[ ] unim proved, passing intestacy is less then $ _________________. A brief description of each parcel is as follows: __________________________________________________________________________________ __________________________________________________________________________________ (c)The estim ated gross rent for a period of eighteen (18) m onths is the sum of $ _________________. ( d )In a d d itio n to th e v a lu e o f th e p e r s o n a l p r o p e r ty s ta te d in p a r a g r a p h ( 3 ) ( a ) , th e f o llo w in g r ig h t o f a c tio n e x is te d on behalf of the decedent and survived his/her death, or is granted to the administrator of the decedent by special provision of law, and it is impractical to give a bond sufficient to cover the probable amount to be recovered therein: (Write “NONE” or state briefly the cause of action and the person against who it exists, including names and carrier]. (e) If decedent is survived by a spouse and a parent, or parents but no issue, and there is a claim for wrongful death, check here [ ] and furnish names (s) and address (es) of parent (s) in paragraph 5. See EPTL 5-4.4. 4.The decedent left surviving the following who would inherit his/her estate pursuant to EPTL 4-1.1 and 4-1.2: a.Spouse (husband/wife). Divorced [Attach copy of Divorce Decree] b.Child or children or descendants of predeceased child or children, [Must include marital, non-marital, and adopted]. c.Any issue of the decedent adopted by persons related to the decedent (DRL Section 117). d.Mother/Father. e.Sisters and brothers, either of whole or half blood, and issue of predeceased sisters and brothers. f. Grandmother/Grandfather. g.Aunts or uncles, and children of predeceased aunts and uncles (first cousins). h.First cousins once removed (children of first cousins). [Inform ation is required only as to those classes of relatives who would take the property of decedent pursuant to EPTL 4-1.1. State “numbers” of survivors in each class. Insert “NO” in all prior classes. Insert “X” in all subsequent classes]. -2- - -3- 5. The decedent left surviving the following distributees, or other necessary parties, whose names, degrees of relationship, domiciles, post office addresses and citizenship are as follows: [Note: Show clearly how each person is related to decedent. If relationship is through an ancestor who is deceased, give name, date of death, and relationship of the ancestor to the decedent. Use rider sheet if space in Paragraph (5) is not sufficient. See Uniform Rules 207.16 (b). If any person listed in paragraph (5) is a nonmarital person, or descended from a nonmarital person, attach a copy of the order of filiation or Schedule A. If any person listed in paragraph (5) was adopted by any persons related by blood or marriage to decedent or descended from such persons, attach Schedule B.] 5a. The following are of full age and under no disability: [If nonmarital or adopted-out person, so indicate by attaching Schedule A and/or B. If any of the distributees have died subsequent to the death of the decedent, give the name and title of the legal representative appointed for such person (s), his or her address and the court that issued such letters. If any distributee who has died, subsequent to the death of the decedent, has no legal representative, then enter the name, relationship, domicile address and citizenship of that deceased person (s) distributee (s).] Name Relationship Domicile and Mailing address Citizenship ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ 5b. The following are infants and/or persons under disability: [Attach applicable Schedule A, B, C and/or D] Name Relationship Domicile and Mailing address Citizenship ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ ________________________ ______________ ___________ _________________________ ______________ __ ______________________ ______________ ____________________________________ ______________ ________________________ ______________ ____________________________________ ______________ 6. There are no persons interested in this proceeding other than those herein mentioned. 7. There are no outstanding debts or funeral expenses, except: [W rite “NONE” or state same] __________________________________________________________________________________________ WHEREFORE, your petitioner (s) respectfully pray (s) that: [Check and complete all relief requested] ( ) ( ) ( ) ( ) ( ) ( ) a.Process issue to all necessary parties to show cause why letters should not be issued as requested; b.An order be granted dispensing with service of process upon those persons named in paragraph 5 who have a right to letters prior or equal to that of the person nominated, and who are non-domiciliaries or whose names or whereabouts are unknown and cannot be ascertained; c.A decree award Letters of Administration d.b.n. to ____________________________________________________________________________ or to such other person or persons having a prior right as may be entitled thereto, and; d.That the authority of the representative under the foregoing L etters b e limited with respect to the prosecution of a cause of action on behalf of the estate, as follows: the administrator (s) may not enforce a judgment or receive any funds w ithout further order of the Surrogate. e.That the authority of the representative under the foregoing Letters be limited as follows: _____________________________________________________________________________ _____________________________________________________________________________ f.[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) -4- SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF ___________________________ _________________________________________X LETTERS OF ADMINISTRATION d.b.n. ESTATE OF _______________________________ a/k/a___________________________________ Deceased. X SCHEDULE A NONMARITAL PERSONS (PERSONS BORN OUT OF WEDLOCK) File No. ________________________________ [NOTE: Nonm arital children (or their issue) who would be distributees if they (or their ancestors) were born in wedlock will not be regarded as distributees unless satisfactory proof is submitted establishing paternity]. See EPTL 4-1.2, which sets forth methods of establishing paternity. Name of alleged distributee: ________________________________________________________________ Date of birth: ____________________ Relationship to decedent: ____________________________________ N ame of father: ____________________________________________________________________________________ Name of mother: _____________________________________________________________________________ D oes the birth certificate contain the father’s name? Yes [ ] No [ ] If yes, at tach a copy of birt h certificate. Has an order of filiation establishing paternity been entered? Y es [ ] No [ ] If yes, attach a copy of order. Did the nonmarital person live with his or her father? Yes [ ] No [ ] If yes, give dates and place of residence: __________________________________________________________________________________________ -5- SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF ______________________________ LETTERS OF ADMINISTRATION d.b .n . ESTATE OF ____________________________________ a/k/a _____________________________________ Deceased. ______________________________________________X SCHEDULE B ISSUE OF THE DECEDENT WHO WERE THE SUBJECT OF AN ADOPTION File No: ______________________________ Name of child: ______________________________________________________________________________ Relationship to decedent prior to adoption: _______________________________________________________ Date of adoption: ___________________________________________________________________________ Was this a ste-parent adoption? (i.e., was the child adopted by the spouse of the decedent’s former spouse?) Yes[ ]No[ ] If yes, nam e of adoptive father or m other: _________________________________________ If not a step-parent adoption, indicate below the biological relationship of the adoptive parent to the child: [ ]grandparents (s) [ ]brother or sister [ ]aunt or uncle [ ]first cousin [ ]nephew or niece Name of the adoptive parent __________________________________________________________________________ -6- SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF _______________________________ X LETTERS OF ADMINISTRATION d.b.n. ESTATE OF ___________________________________ a/k/a_______________________________________ Deceased. ______________________________________________ X SCHEDULE C INFANTS File No. ______________________________ Name: _______________________________________________ Date of birth: _______________________ Relationship to the decedent: _________________________________________________________________ With whom does the infant reside? ____________________________________________________________ Name of mother: ________________________________________ Is she alive? ________________________ Name of father: Is he alive? Does the infant have a court-appointed guardian?Yes[ ]No[ ] If yes, nam e and address of guardian: Name: Date of birth: Relationship to the decedent: With whom does the infant reside? Name of mother: Is she alive? Name of father: Is he alive? Does the infant have a court-appointed guardian?Yes[ ]No[ ] If yes, nam e and address of guardian: -7- SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF _______________________________ X LETTERS OF ADMINISTRATION d.b.n. ESTATE OF ____________________________________ a/k/a________________________________________ Deceased. X SCHEDULE D PERSONS UNDER DISABILITY OTHER THAN INFANTS File No. [Use additional sheets if needed] 1.Name: Relationship: Residence: With whom does this person reside? If this person is in prison, nam e of prison: Does this person have a court-appointed fiduciary?Yes[ ]No[ ] If yes, give name, title and address: If no, describe nature of disability: If no, give nam e and address of relative or friend interested in his or her welfare: 2.W hereabouts unknown/Unknowns [persons whose addresses or names are unknown to petitioner; if known, give name and relationship to decedent]: _____________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ -8- COMBINED VERIFICATION, OATH & DESIGNATION [For use when petitioner is to be appointed adm inistrator d.b.n.] 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 d.b.n.: 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 adm inistrator d.b.n.. 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)(Zip Code) (Signature of Petitioner) ( Print Nam e) On , , before me personally came to m e known to be the person described in and who executed the foregoing instrument. Such person duly swore to such instrum ent before m e and duly acknowledged that he/she executed the sam e. Tel. No.: N otary Public Commission Expires:___________ ( Affix Notary Stamp or Seal) Signature of Attorney: Print Name: Firm N ame: Address of Atto rney: -9- 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) (Na me of Bank or Trust Company) a corporation duly qualified to act in a fiduciary capacity without further security, being duly sworn, says: 1.VERIFICATION:I have read the foregoing petitioner subscribed by me and know the contents thereof, and the sam e is true of m y own knowledge, except as to the m atters therein stated to be alleged upon inform ation and belief, and as to those matters I believe it to be true. 2.CONSENT:I consent to accept the appointment as Administrator d.b.n. 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 _______________________ t o me known, who duly sworn to the foregoing instrument and who did say that he/ she resides at ___________________ ______________________ and that he/s he 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. _____________________________________ N otary Public Commission Expires:________________ ( Affix Notary Stamp or Seal) Signature of Attorney: Print Name: Firm Name: Tel. No.: Address of Attorney: -10- _______________________________________