Petition For Probate With Combined Verification, Oath And Designation

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 With Combined Verification, Oath And Designation 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 With Combined Verification, Oath And Designation

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

• 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 P-1 - Petition For Probate With Combined Verification, Oath And Designation 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 P-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 P-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 P-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 Probate With Combined Verification, Oath And Designation 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 P-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 P-1, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Probate With Combined Verification, Oath And Designation 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 P-1 - Petition For Probate With Combined Verification, Oath And Designation 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 With Combined Verification, Oath And Designation 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 P-1 - Petition For Probate With Combined Verification, Oath And Designation. 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. 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 First cousins once removed (children of predeceased first cousins). [Include maternal and _______ _______ _______ _______ _______ _______ _______ 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) 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) Print Name 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)