Probate Proceeding Checklist

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.

Probate Proceeding Checklist 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 Probate Proceeding Checklist

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Probate Proceeding Checklist:

• 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 P-CHKLST - Probate Proceeding Checklist 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-CHKLST, 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-CHKLST 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-CHKLST 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 Probate Proceeding Checklist 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-CHKLST 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-CHKLST, and when in doubt— consult a qualified trust & estates lawyer for that area.

Probate Proceeding Checklist 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-CHKLST - Probate Proceeding Checklist 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.

Probate Proceeding Checklist 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-CHKLST - Probate Proceeding Checklist. You can use this to get an idea of the context of the form and what type of information is needed.

P-CHKLST release 4/7/2010 PAGE 1 This Checklist is provided for your convenience while completing the petition and the checklist should not be returned to the Court. Probate Proceeding Checklist (see Surrogate’s Court Form P-1, rev. 2/08) Check All Forms To Make Sure Venue Is Correct - Appropriate County Is Listed Fill In All Areas On All Pages of Petition - Also Mark When Not Applicable Where Necessary PET ¶ #DESCRIPTIONYESNO Is the captioned name the same as the signature on the Will and ¶2 of petition? If A/K/A’s, are they listed in the caption and also under ¶2 of petition? Has the type of Letters been checked? 1.(a)Is the name of each fiduciary the same as in Will? If NO, does petitioner explain why? Is the petitioner ...the nominated executor alternate executor or person eligible under SCPA §1402 or 1418 (admin. c.t.a.) NOTE: A Non-domiciliary alien is ineligible to be sole fiduciary (SCPA §707) 1.(b)If an attorney and sole executor: has a statement been filed pursuant to Court Rules §207.16(e)? 1.(c)Has SCPA §2307-a been complied with? 2.(a)Is the name of the decedent the same as the signature on Will? Are all A/K/A’s listed? 2.(b)Does date of death agree with death certificate? Certified death certificate must be filed with petition 2.(c)Is the place of death the same as that listed on death certificate? 2.(d)Is the address on petition and death certificate the same? this county? If NOT, has an explanatory affidavit with proofs of domicile been filed? (SCPA §206 & 208) If decedent was a non-domiciliary of the State, has information been furnished pursuant to SCPA §1605 showing ... If the will was previously admitted to probate the petitioner should submit Administration c.t.a. form CTA-1. PET ¶ #DESCRIPTIONYESNO P-CHKLST release 4/7/2010 PAGE 2 2.(d) cont. (1) no original probate or administration proceeding has been or will be filed in any other jurisdiction (2) statement that testator left probatable assets in this jurisdiction (3) statement listing the distributees in the domiciliary jurisdiction or that they are the same as under New York State Law 2.(e)Is the citizenship of decedent listed? NOTE: Does all information provided under ¶2 agree with death certificate; if not, has an explanatory affidavit been provided? Check that marital status is correct; submit divorce decree if requested by the court. 3. Make sure that original will and codicil are filed with affidavit(s) of attesting witnesses or necessary documents requesting that the affidavits be dispensed with are filed. (With one surviving witness submit form P-8; if all witnesses are deceased submit forms P-8 and P-9 for one witness and P-9 for decedent.) Are dates listed correctly for Will and Codicils? Are all witnesses listed correctly? If necessary - did witnesses see original will or a court-certified copy? see SCPA §1406(2) Is affidavit of comparison with copy of will (& codicils) submitted? NOTE: Witnesses may not notarize each other’s signatures on witness depositions. 4.Answer “NONE” or specify? 5. NOTE: Distributee: Any person entitled to take/share in property under EPTL §4-1.1 and 4-1.2. Has the number of survivors been listed? Has “NO” been inserted in all prior classes? Has an “X” been inserted in all subsequent classes? NOTE: If alleged that the decedent was survived by no distributee or only one distributee or where the relationship of distributees to the decedent is grandparents, aunts, uncles, first cousins or first cousins once removed, has an Affidavit of Heirship been submitted - see Court Rules §207.16(c). 6.(a)Are all distributees (who are of full age and sound mind) listed with the required information? (Court needs Form P-4 [Acknowledged Waiver of Process/Consent to Probate] see SCPA §401(4), or proposed citation for each person listed under 6(a). Provide copy of death certificate or date of death for any deceased distributee.) NOTE: Administrator c.t.a. see SCPA §1418 - use waiver P-11. PET ¶ #DESCRIPTIONYESNO P-CHKLST release 4/7/2010 PAGE 3 6.(a) cont. Is each person designated as primary executor listed? Are all persons adversely affected by the purported exercise by such Will of any power of appointment listed? Are all persons adversely affected by any codicil listed? Are all persons listed under any other Will of the decedent on file in the Surrogate’s Court listed? If there is an inter vivos trust or other testamentary substitute, are trustees and beneficiaries affected by the will listed? Has a copy of the Trust been submitted? 6.(b)Same as 6.(a) above but are persons under disability NOTE: IF THERE ARE PERSONS UNDER DISABILITY LISTED UNDER 6(b) A GUARDIAN AD LITEM WILL HAVE TO BE APPOINTED AND A CITATION ISSUED. (see SCPA §306 & 307) NOTE: THE FOLLOWING INFORMATION HAS TO BE PROVIDED UNDER 6(b) AND 7(b) IF THERE ARE PERSONS UNDER DISABILITY. INFANTS: Name, birth date, relationship to decedent, domicile/residence address, person with whom he/she resides Is there a court-appointed guardian? If so, submit name and residence address and information regarding appointment (submit proof of appointment). Are parents living? ALL OTHER PERSONS UNDER DISABILITY: Name, relationship to decedent, residence address Facts regarding disability: has a committee, conservator, guardian, or any other fiduciary been appointed (submit proof of appointment) Has the person under disability been committed to any institution? Are 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 listed? If a person is confined as a prisoner: place of incarceration listed and name and address of any person(s) having an interest in his/her welfare Unknowns: described in the same language as will be used in the citation PET ¶ #DESCRIPTIONYESNO P-CHKLST release 4/7/2010 PAGE 4 6.(b) cont. NOTE: IF THERE ARE UNKNOWNS, the following proof has to be submitted: affidavit showing that diligent efforts have been made to locate unknown distributees or distributees whose whereabouts are unknown [Court Rules §207.16(d)] “DILIGENT SEARCH” requires extensive research, e.g.: cemetery and marriage records; telephone books; conversation with other distributees, neighbors, etc.; records of varied Surrogate’s Court; military records; Bureau of Immigration & Naturalization; Social Security Administration; Bureau of Vital Statistics; Department of Motor Vehicles; Bureau of the Census; City directories; Internet 7.(a)Court needs Form P-6 [Notice of Probate/Affidavit of Mailing] for all persons listed under 7(a) & 7(b) - see SCPA §1409. Are the names and domiciliary addresses of all substitute or successor executors, trustees, guardians listed? If predeceased - provide death certificate or date of death. Are all legatees (any person designated to receive a transfer by will of personal property) who is of full age and sound mind listed? Are all devisees (any person to whom real property is transferred by will) who is of full age and sound mind listed? Are all other beneficiaries, who are of full age and sound mind, named in the will listed? Are charities receiving a residuary share? If so the State Attorney General must receive a notice of probate. Are any trustees and beneficiaries of any inter vivos trust designated in the purported will other than those named in paragraph 6 listed? 7.(b)Same as 7.(a) above but are persons under a disability (see ¶6b). see SCPA §1409(2) and SCPA §307(3) and (4). 8.Has “NONE” been entered or is there an indication of the confidential relationship? (May require a PUTNAM hearing.) 9.(a)Has value of estate been listed? (do not include joint assets, insurance left to a beneficiary, non-probate assets) 9.(b)Has “NONE” been entered or has cause of action been specified? 10.Under WHEREFORE Clause: has type of letters and all relief requested been checked and completed? PET ¶ #DESCRIPTIONYESNO P-CHKLST release 4/7/2010 PAGE 5 10. cont. Is petition dated, signed, verified, properly notarized (including proper jurat and expiration date of notary’s commission)? Is oath and designation signed? does it set forth proposed fiduciary’s physical address? Is proposed fiduciary a Bank? use combined corporate verification, consent and designation [use page 6 of the petition] Is attorney’s name, address and phone number listed? Is Part 130 Certification completed by attorney or self-represented party? if NOT, has a separate certification as to Part 130 signing requirements been included? If forms are computer generated, has a certification pursuant to Court Rules §207.4 been attached? PARTIAL FEE SCHEDULE SCPA/EPTL§ or Rule # Have the proper fees been included with petition? Fees per schedule; $6.00 for each Certificate of Appointment. Filing fee is based upon the values of the estate owned individually by the decedent or payable to the Estate - see SCPA §2402(8) 0 but under 10,000$ 45.00 10,000 but under 20,00075.00 20,000 but under 50,000215.00 50,000 but under 100,000280.00 100,000 but under 250,000420.00 250,000 but under 500,000625.00 500,000 and over1,250.00 If Letters of Trusteeship are requested include an additional $45.00 for this appointment (after checking with individual court of filing as to fee policies). 2402 P-CHKLST release 4/7/2010 PAGE 6 COMMENTS AND COURT NOTES Form Number SCPA/EPTL§ or Rule # When Permitted Whenever decedent dies with a Will.1402 Forms Always Required •Petition for Probate •Original Will of decedent and Codicil(s), if any •Affidavit of Comparison (unless waived by court) •Certified Death Certificate •Affidavit of Attesting Witnesses •Self-addressed stamped envelope (if court requires) P-1 P-13 P-3 1402 207.15(b) 1406 Forms or Documents Sometimes Required •Application to Dispense with Testimony of Attesting Witness •Waiver of Process; Consent to Probate •Notice of Appearance •Authorization to Appear on Behalf of Party •Attorney/Fiduciary Statement •Family Tree Chart (if required by court) •Affidavit Proving Handwriting of Decedent/Witness •Renunciation of Nominated Executor and/or Trustee •Renunciation of Letters of Admin. c.t.a./Waiver of Process •Affidavit of No Debt (Admin. c.t.a.) •Citation on Probate •Affidavit for Supplemental Citation •Order for Mailing and/or Publication •Notice to Consul General •Notice of Probate & Affidavit of Service •Affidavit of Due Diligence •Application for Preliminary Letters Testamentary & Oath & Designation of Preliminary Executor •Sole Heir Affidavit •Affidavit of Service (Personal/Mail/Publication) •Affidavit as to Military Service •Bond •Death Certificate of deceased spouse, distributee, beneficiary or named executor •Notice of Election by Surviving Spouse •Waiver or Release of the Right of Election •Obituary Notice (if court requires) P-8 P-4 FT-1 P-9 P-10 P-11 P-12 P-5 P-6 P-2 1405 207.16(e) & 2307-a 207.16(c) 1403 1412 207.16(c) 314 801-805 207.15(c) 5-1.1 5-1.1 P-CHKLST release 4/7/2010 PAGE 7 COMMENTS AND COURT NOTES (continued) All Waivers and Proofs of Service must show that each interested party actually received a copy of the Will. Proofs of Service of Citation must be filed with the Court at least two (2) working days before the return date. Guardian Ad Litem will be appointed on or before the return day of process for all unknowns and persons under disability (SCPA §403). Petition & Notice of Probate must include names of all persons designated in Will as legatee, devisee, fiduciary or alternate fiduciary not otherwise listed as an interested party. Letters will not be delivered until Notice of Probate and Mailing Affidavit are filed. Review carefully instructions to paragraphs 6 and 7 of the Petition and be sure interested parties are listed in the correct places. NYS Department of Taxation & Finance may be a necessary party for estates of non- domiciliary decedents. Review SCPA §1403(1)(g). Documents signed by Power of Attorney (Provide certified copy of POA and comply with Section 13-2.3 EPTL and 207.48 Uniform Rules). Check to be certain all documents are properly acknowledged. THIS MATERIAL IS PROVIDED FOR INFORMATIONAL/TRAINING PURPOSES ONLY. – It is intended for use in conjunction with review of the applicable statutes and rules of the Surrogate’s Court and the Surrogate’s Court Operations Manual.