Petition For 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 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 Probate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For 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 Petition For 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 Petition For Probate, 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 Petition For Probate 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 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 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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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 this form 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 Petition For Probate, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For 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 Petition For 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 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 Petition For Probate. You can use this to get an idea of the context of the form and what type of information is needed.

Filling Fee Paid $ Certs $ Certs $ SURROGATE’S COURT OF THE STATE OF NEW YORK $ Bond, Fee: $ COUNTY OF Receipt No: No: X PROBATE PROCEEDING, PETITION FOR PROBATE AND: WILL OF: □ Letters Testamentary a/k/a □ Letters of Trusteeship □ Letters of Administration c.t.a. □ Temporary Administration Deceased X 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 are as follows: Name: (First) (Middle) (Last) 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 □ Other (Specify) 1. (b) The proposed Executor □ is □ is not an attorney. [NOTE: A sole Executor-Attorney must comply with 22 NYCRR 207.16(e)] 1. (c) The proposed Executor □ is □ is not the attorney-draftsperson, a then-affiliated attorney or employee thereof. [NOTE: An attorney-draftsperson, a then-affiliated attorney or employee thereof must comply with SCPA 2307-a] 1. (d) The proposed Executor □ is □ is not a convicted felon nor is he/she otherwise ineligible, pursuant to SCPA 707 to receive letters.If the proposed Executor is a convicted felon, submit a copy of the Certificate of Relief from Civil Disabilities. 2. The name, domicile, date and place of death, and national citizenship of the above-named decedent as follows: (a) Name: (b) Date of death (c) Place of death (d) Domicile: Street City, Town, Village County State (e) Citizen of: 3. The Last Will, herewith presented, relates to both real and personal property and consists of an instrument or instruments dated as shown below and signed at the end thereof by the decedent and the following attesting witnesses: (Date of Will) (Names of All Witnesses to Will) (Date of Codicil) (Names of All Witnesses to Codicil) (Date of Codicil) (Names of All Witnesses to Codicil) 4. No other will or codicil of the decedent is on file in this Surrogate’s Court, and upon information and belief, after a diligent search and inquiry, including a search of any safe deposit box, there exists no will, codicil or other testamentary instrument of the decedent later in date to any of the instruments mentioned in Paragraph 3 except as follows: [Enter “NONE” or specify] 5. The decedent was survived by distributees classified as follows: [Information is required only as to those classes of surviving relatives who would take the property of decedent pursuant to EPTL 4-1.1 and 4-1.2. State the number of survivors in each class. Insert “NO” in all prior classes. Insert “X” in all subsequent classes]. a. Spouse (husband/wife). b. Child or children and/or issue of predeceased child or children. [Must include marital, nonmarital, adopted, or adopted-out of child under DRL Section 117] c. Mother/Father. d. Sisters and/or brothers, either of the whole or half blood, and issue of predeceased sisters and/or brothers (nieces/nephews, etc.) e. Grandparents. [Include maternal and paternal] f. Aunts and/or uncles, and children of predeceased aunts and/or uncles (first cousins). [Include maternal and paternal] g. First cousins once removed (children of predeceased first cousins). [Include maternal and paternal] 6. The names, relationships, domicile and addresses of all distributees (under EPTL 4-1.1 and 4-1.2), of each person designated in the Will herewith presented as primary executor, of all persons adversely affected by the purported exercise by such Will of any power of appointment, of all persons adversely affected by any codicil and of all persons having an interest under any other will of the decedent on file in the Surrogate’s Court, are hereinafter set forth in subdivisions (a) and (b). [If the propounded will purports to revoke or modify an inter vivos trust or any other testamentary substitute, list the names, relationships, domicile and addresses of the trustee and beneficiaries affected by the will in subparagraphs (a) and (b) below. Submit trust agreement] (a) All persons and parties so interested who are of full age and sound mind or which are corporations or associations, are as follows: Name and Relationship Domicile Address and Mailing Address Description of Legacy, Devise or Other Interest, or Nature of Fiduciary Status (b) All persons so interested who are persons under disability, are as follows: [Furnish all information specified in NOTE following 7b] Name and Relationship Domicile Address and Mailing Address Description of Legacy, Devise or Other Interest, or Nature of Fiduciary Status 7. (a) The names and domiciliary of all substitute or successor executors and of all trustees, guardians, legatees, devisees, and other beneficiaries named in the Will and/or trustees and beneficiaries of any inter vivos trust designated in the propounded Will other than those named in Paragraph 6 herewith are as follows: Name and Relationship Domicile Address and Mailing Address Description of Legacy, Devise or Other Interest, or Nature of Fiduciary Status (b) All such legatees, devisees and other beneficiaries who are persons under disability are as follows: [Furnish all information specified in NOTE below] Name and Relationship Domicile Address and Mailing Address Description of Legacy, Devise or Other Interest, or Nature of Fiduciary Status [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 his 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. In the case of unknowns, describe such person in the same language as will be used in the process.] 8. (a) No beneficiary under the propounded will, listed in Paragraph 6 or 7 above, had a confidential relationship to the decedent, such as attorney, accountant, doctor, or clergyperson, except: [Enter “NONE” or indicate the nature of the confidential relationship]. (b) No persons, corporations or associations are interested in this proceeding other than those mentioned above. 9. (a) To the best of the knowledge of the undersigned, the approximate total value of all property constituting the decedent’s gross testamentary estate is greater than $ but less than $ 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, except as follows: [Enter “NONE” or specify] 10. Upon information and belief, no other petition for the probate of any will of the decedent or for letters of administration of the decedent’s estate has heretofore been filed in any court. WHEREFORE your petitioner (s) pray (s) that process be issued to all necessary parties to show cause why the Will and the Codicil (s) set forth in Paragraph 3 and presented herewith should not be admitted to probate; (b) that an order be granted directing the service of process, pursuant to the provisions of Article 3 of the S.C.P.A., upon the persons named in Paragraph (6) hereof whose names or whereabouts are unknown and cannot be ascertained, or who may be persons on whom service by personal delivery cannot be made; and (c) that such Will and Codicil (s) be admitted to probate as a Will of real and personal property and that letters issue thereon as follows: [Check and complete all relief requested.] □ Letters Testamentary to □ Letters of Trusteeship to f/b/o f/b/o f/b/o □ Letters of Administration c.t.a. to and that petitioner (s) have such other relief as may be proper. 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) COMBINED VERIFICATION, OATH AND DESIGNATION [For use when petitioner is an individual] STATE OF NEW YORK ) 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 □ EXECUTOR □ ADMINISTRATOR c.t.a. □ TRUSTEE as indicated above: I am over eighteen (18) years of age, and I will well, faithfully and honestly discharge the duties of Fiduciary of the goods, chattels and credits of said decedent according to law. I am not ineligible, pursuant to SCPA 707, to receive letters and will duly account for all moneys and other property that will come into my hands. 3. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I hereby designate the Clerk of the Surrogate’s Court of County, and his/her successor in office, as a person on whom service of any process, issuing from such Court may be made in like manner and with like effect as if it were served personally upon me, whenever I cannot be found and served within the State of New York after due diligence used. My domicile is : (Street Address) (City/Town/Village) (State) (Zip) (Signature of Petitioner) (Print Name) On ___________________________________________________ , 20 _________, 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) Signature of Attorney: Print Name: Firm Name: Tel No.: Email: Address of Attorney: P-1 (03/18) COMBINED CORPORATE VERIFICATION, CONSENT AND DESIGNATION [For use when a petitioner to be appointed 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) a corporation duly qualified to act in a fiduciary capacity without further security, 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. CONSENT: I consent to accept the appointment as □ Executor □ Administrator c.t.a □ Trustee under the Last Will and Testament of the decedent described in the foregoing petition and consent to act as such fiduciary. 3. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I designate the Chief Clerk of the Surrogate’s Court of County, and his/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 whenever one of its proper officers cannot be found and served within the State of New York after due diligence used. _______________________________________ (Name of Bank or Trust Company) BY____________________________________ (Signature) ______________________________________ (Print Name and Title) On , 20 , 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 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.: Email: Address of Attorney: P-1 (03/18) SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF X PROBATE PROCEEDING, APPLICATION FOR WILL OF PRELIMINARY LETTERS TESTAMENTARY (See SCPA 1412) a/k/a File # Deceased. X 1. The proposed preliminary executor (s) is/are and is/are designated as executor (s) in the Will of the above named decedent dated (together with Codicil (s) dated ) and duly filed with the court. 2. The person (s) who would have a right to letters testamentary pursuant to Section 1412.1 is/are: [Enter “NONE” or specify name and interest] 3. Preliminary letters are requested for the following reasons: 4. Probate is expected to be completed by: 5. A contest □ is □ is not expected. 6. The testamentary assets of decedent’s estate are estimated as follows: [describe and state value; annex schedule if space is insufficient] Personal Property: Total Personal Property: $ Real Property: Total Real Property: $ 18 months rent, if applicable: Total of 18 month’s rent: $ 7. The liabilities of this estate are: 8. By provision in the propounded will, the applicant(s) [is/are] [are not] required to file a bond or other security for the performance of his/her/their duties. Your applicant (s) respectfully request the issuance to of preliminary letters testamentary upon qualifying. Dated: (Applicant) (Applicant) OATH & DESIGNATION OF PRELIMINARY EXECUTOR STATE OF NEW YORK ) COUNTY OF ) ss.: I, the undersigned, being duly sworn say: 1. OATH OF PRELIMINARY EXECUTOR: I am over eighteen (18) years of age and a citizen of the United States; I am an executor named in the Will described in the foregoing petition and will well, faithfully and honestly discharge the duties of preliminary executor and duly account for all money or property which may come into my hands. I am not ineligible to receive letters. 2. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I hereby designate the Clerk of the Surrogate’s Court of County, and his/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 and served within the State of New York after due diligence used. My domicile is : (Street Address) (City/Town/Village) (State) (Zip) (Signature of Petitioner) (Print Name) On , 20 , 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) Signature of Attorney: Print Name: Firm Name: Tel No.: Email: Address of Attorney: NOTE: Each Preliminary Executor must complete a combined Oath & Designation of Preliminary Executor. CONSENT AND DESIGNATION OF CORPORATE PRELIMINARY EXECUTOR STATE OF NEW YORK ) COUNTY OF ) ss.: I, 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, says: 1. CONSENT: I consent to accept the appointment as Preliminary Executor under the Last Will and Testament of the decedent described in this application and consent to act as such fiduciary. 2. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I designate the Chief Clerk of the Surrogate’s Court of County, and his/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 whenever one of its proper officers cannot be found and served within the State of New York after due diligence used. (Name of Bank or Trust Company) BY (Signature) (Print Name and Title) On , 20 , 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 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.: Email: Address of Attorney: SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF X PROBATE PROCEEDING, AFFIDAVIT OF ATTESTING WITNESS WILL OF (After Death) Pursuant to SCPA 1406 a/k/a Deceased. File # X STATE OF NEW YORK ) COUNTY OF ) ss.: The undersigned witness, being duly sworn, deposes and says: (1) I have been shown [check one] □ the original instrument dated , □ a court-certified photographic reproduction of the original instrument dated , purporting to be the last Will and Testament/Codicil of the above-named decedent. (2) On the date indicated in such instrument (under the supervision of an attorney), I saw the decedent subscribe the same at the place where decedent’s signature appears, and I heard the decedent declare such instrument to be his/her last Will and Testament/Codicil. (3) I thereafter signed my name to such instrument as a witness thereto at the request of the decedent, and I saw the other witness (es) sign his/her/their names (s) at the end of such instrument as a witness thereto. (4) At the time the decedent subscribed and executed such instrument, the decedent was to the best of my knowledge and belief upwards of 18 years of age, and in all respects appeared to be of sound and disposing mind, memory and understanding, competent to make a will, and not under any restraint. (5) The decedent could read, write and converse in the English language, and was not suffering from defects of sight, hearing or speech, or any other physical or mental impairment, which would affect his/her capacity to make a valid will. The purported instrument was the only copy of said Will/Codicil executed on that occasion, and was not executed in counterparts. (6) I am making this affidavit at the request of . (Witness Signature) (Print Name) (Street Address) (Town/State/Zip) Sworn before me this day of , 20 Notary Public: Commission Expires: (Affix Notary Stamp or Seal) [Note: Each witness must be shown either the Original Will or a Court-Certified Reproduction thereof. The Notary Public subscribing to this affidavit may Not be a party or witness to the Will.] P-3 (10/96) SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF X PROBATE PROCEEDING, WAIVER OF PROCESS: WILL OF CONSENT TO PROBATE a/k/a File # Deceased. X To the Surrogate’s Court, County of The undersigned, being of full age and sound mind, residing at the address written below and interested in this proceeding as set forth in paragraph 6a of the petition, hereby waives the issuance and service of citation, in this matter and consents that the court admit to probate the decedent’s Last Will and Testament dated ,20 (and codicils, if any, dated ), a copy of each of which testamentary instrument had been received by me, and that □ Letters Testamentary issue to □ Letters of Trusteeship issue to of the following trusts: Dated Signature Street Address Relationship Print Name Town/State/Zip STATE OF NEW YORK ) COUNTY OF ) ss.: On , 20 , before me personally appeared to me known and known to me to be the person described in and who executed the foregoing waiver and consent and duly acknowledged the execution thereof. Notary Public: Commission Expires: (Affix Notary Stamp or Seal) Signature of Attorney: Print Name: Firm Name: Tel No.: Email: Address of Attorney: P-4 (10/96) 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 20 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 probate a Will dated _ (a Codicil dated (a Codicil dated a copy of which is attached, as the Will of deceased, relating to real and personal property, and directing that □ Letters Testamentary issue to □ Letters of Trusteeship issue to □ Letters of Administration c.t.a. issue to (State any further relief requested) Hon. Dated, Attested and Sealed Surrogate , 20 Chief 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.] P-5 (10/96) SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF X PROBATE PROCEEDING, NOTICE OF PROBATE WILL OF (SCPA 1409) a/k/a a/k/a Deceased. X File # Notice is hereby given that: 1. The Will dated (and Codicil dated ) (and Codicil dated ) of the above named decedent, domiciled at County of , New York, has been/will be offered for probate in the Surrogate’s Court for the County of . 2. The name (s) of proponent (s) of said Will is/are whose address(es) is/are 3. The name and post office address of each person named or referred to in the petition who has not been served or has not appeared, or waived service of process, with a statement whether such person is named or referred to in the will as legatee, devisee, trustee, guardian or substitute or successor executor, trustee or guardian, and as to any such person who is an infant or an incompetent, the name and post office address of a person upon whom service of process may be made on behalf of such infant or incompetent, is as follows: NAME MAILING ADDRESS NATURE OF INTEREST OR STATUS (USE ADDITIONAL SHEETS IF NECESSARY) Date , 20 [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 Attorney Telephone Number Address of Attorney P-6 (10/96) AFFIDAVIT OF MAILING NOTICE OF PROBATE STATE OF NEW YORK ) COUNTY OF ) ss.: , residing at being duly sworn, says that he/she is over the age of 18 years, that on the day of , 20 , he/she deposited in the 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 Probate contained in a securely closed postpaid wrapper directed to each of the persons named in said notice at the places set opposite their respective names. Sworn to before me this ,20 Signature Notary Public: Commission Expires: (Affix Notary Stamp or Seal) Signature of Attorney: Print Name: Firm Name: Tel No.: Email: Address of Attorney: SURROGATE’S COURT OF THE STATE OF NEW YORK P-7 (10/96) COUNTY OF X Note: File Proof of Service at least 2 days before PROBATE PROCEEDING, return date. State clearly date, time and place of WILL OF service and name of person (Uniform Rule 207.7 ( c) [NYCRR]) a/k/a AFFIDAVIT OF SERVICE OF CITATION Deceased. X File # STATE OF NEW YORK ) COUNTY OF ) ss.: of , being duly sworn, says that I am over the age of eighteen years; that I made personal service of the citation herein dated , 20 , and a copy of the Will/Codicil on each person named below, each of whom deponent knew to be the person mentioned and described in said citation, by delivering to and leaving with each of them personally a true copy of said citation and Will/Codicil, as follows: description: sex , color of skin , color of hair , approximate age , weight , height , at o’clock .m. on the day of 20 , at description: sex , color of skin , color of hair , approximate age , weight , height , at o’clock .m. on the day of 20 , at description: sex , color of skin , color of hair , approximate age , weight , height , at o’clock .m. on the day of 20 , at That none of the aforesaid persons is in the military service as defined by the Act of Congress known as the “Soldiers’ and Sailors’ Civil Relief Act of 1940” and in the New York “Soldiers’ and Sailors’ Civil Relief Act.” Sworn to before me this day of ___________________ , 20 ___ Signature Print Name Notary Public: Commission Expires: (Affix Notary Stamp or Seal) Signature of Attorney: Print Name: Firm Name: Tel No.: Email: Address of Attorney: P-7 (10/96) SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF X PROBATE PROCEEDING, APPLICATION TO DISPENSE WITH WILL OF TESTIMONY OF ATTESTING WITNESS (SCPA 1405) a/k/a Deceased. X File No. STATE OF NEW YORK ) COUNTY OF ) ss.: , being duly sworn, deposes and says: The testimony of an attesting witness to the Will/Codicil of the above-named decedent, dated , , offered for probate, cannot be obtained because of □ death □ absence □ disability □ inability to locate. [Explain in detail and add additional affidavit if necessary] Wherefore it is respectfully requested, pursuant to SCPA 1405, that the testimony of said witness be dispensed with. Sworn to before me this day of ___________________ , 20 ___ Signature Print Name Notary Public: Commission Expires: (Affix Notary Stamp or Seal) SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF X PROBATE PROCEEDING, ORDER DISPENSING WILL OF WITH TESTIMONY OF ATTESTING WITNESS a/k/a Deceased. X File No. Upon reading and filing the foregoing affidavit which states why the attesting witness therein named is unable to appear in this Court, it is ORDERED that the testimony of , as an attesting witness to the instrument offered for probate herein, is hereby dispensed with in this probate proceeding. Dated , 20 Surrogate P-8 (10/96) SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF X PROBATE PROCEEDING, AFFIDAVIT PROVING WILL OF HANDWRITING a/k/a Deceased. X File No. STATE OF NEW YORK ) COUNTY OF ) ss.: , being duly sworn, deposes and says: 1. My address is: 2. I was well-acquainted with □ the testator □ an attesting witness to the testator’s Will/Codicil. 3. I am familiar with the manner and style of the testator’s/witness’s handwriting, having often seen him/her write his/ her signature and having seen his/her signature on documents I know to have been signed by him/her. 4. The signature subscribed at the end of the instrument in writing now produced and shown to me, purporting to be the testator’s Last Will and Testament dated , , is the signature of and is the handwriting of . Sworn to before me this day of ___________________ , 20 ___ Signature Print Name Notary Public: Commission Expires: (Affix Notary Stamp or Seal) Name of Attorney: Tel No.: Address of Attorney: P-9 (10/96) SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF X PROBATE PROCEEDING, RENUNCIATION OF NOMINATED WILL OF EXECUTOR and/or TRUSTEE a/k/a Deceased. X File No. I, domiciled at (or, in the case of a bank or trust company, its principal office) , nominated as an executor and/or trustee in the (Will) (Codicil) of , dated , 20 , late of in the County of New York. hereby renounce the appointment and all right and claim to letters testamentary and/or letters of trusteeship of and under the (Will) (Codicil) or to act as executor and/or trustee thereof. I hereby waive the issuance and service of a citation in the above entitled matter, and consent that the Will dated (and Codicil dated , 20 ) (and Codicil dated dated , 20 ), a copy of which has been received by the undersigned, be forthwith admitted to probate. I hereby consent that Letters □ Testamentary □ of Administration c.t.a. □ of Trusteeship issue to without the necessity of furnishing a bond. If a bond is furnished, I hereby waive and release all right to make any claim on the bond in any capacity whatsoever. (Signature) (Name of Corporation) (Print Name) (Name of Officer) Date: STATE OF NEW YORK ) COUNTY OF ) ss.: On , 20 , before me personally appeared [INDIVIDUAL] □ to me known and known to me to be the person described in and who executed the foregoing renunciation and duly acknowledged the execution thereof. [CORPORATION] □ _____________________________________________ 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 signed his/her name thereto by order of the Board of Directors of the corporation. Notary Public: Commission Expires: (Affix Notary Stamp or Seal) Name of Attorney: Tel No.: Address of Attorney: P-10 (10/96) SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF X PROBATE PROCEEDING, RENUNCIATION OF LETTERS OF WILL OF ADMINISTRATION c.t.a. AND WAIVER OF PROCESS a/k/a (SCPA 1418) Deceased. X File No. The undersigned, ____________________________________________________________________, a person interested in this estate, and in all respects eligible to receive letters, 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 and consents that the will dated , 20 a copy of which has been received by the undersigned, be admitted to probate. 3. Consents that Letters of Administration c.t.a. be granted by the Court to or any other person or persons entitled thereto without any notice whatsoever to the undersigned. 4. Consents to dispense with the 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 by me under any bond that may be required of such Administrator c.t.a.. Dated Signature Street Address Relationship Print Name Town/State/Zip STATE OF NEW YORK ) COUNTY OF ) ss.: On , 20 , before me personally appeared to me known and known to me to be the person described in and who executed the foregoing waiver and consent and duly acknowledged the execution thereof. Notary Public: Commission Expires: (Affix Notary Stamp or Seal) Name of Attorney: Tel No.: Address of Attorney: P-11 (10/96) SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF X PROBATE PROCEEDING, AFFIDAVIT OF NO DEBT WILL OF (For use with Letters of Administration c.t.a.) a/k/a Deceased. X File No. STATE OF NEW YORK ) COUNTY OF ) ss.: , 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 not 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”] NAME AMOUNT $ ADDRESS NATURE OF CLAIM NAME AMOUNT $ ADDRESS NATURE OF CLAIM NAME AMOUNT $ ADDRESS NATURE OF CLAIM Sworn to before me this day of ___________________ , 20 ___ Signature Print Name Notary Public: Commission Expires: (Affix Notary Stamp or Seal) Name of Attorney: Tel No.: Address of Attorney: P-12 (10/96) SURROGATE’S COURT OF THE STATE OF NEW YORK (Note: Attach a copy of the Will/Codicil COUNTY OF to this Affidavit of Comparison executed X by any two persons; if a photocopy PROBATE PROCEEDING, of the Will is used, only one person WILL OF need make the affidavit.) a/k/a AFFIDAVIT OF COMPARISON Deceased. X File No. STATE OF NEW YORK ) COUNTY OF ) ss.: I/We (and) being duly sworn, say(s), that (he/she has) (we have) carefully compared the copy of decedent’s Will/Codicil propounded herein to which this affidavit is annexed with the original Will dated the day of , (and the original Codicil dated the day of , ), about to be filed for probate, and that the same is in all respects a true and correct copy of said original Will/Codicil and of the whole thereof. Sworn to before me this day of ___________________ , 20 ___ Signature Print Name Notary Public: Commission Expires: (Affix Notary Stamp or Seal) Name of Attorney: Tel No.: Address of Attorney: P-13 (10/96)