Receipt And Release

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.

Receipt And Release 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 Receipt And Release

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Receipt And Release:

• 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 JA-2 - Receipt And Release 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 JA-2, 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 JA-2 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 JA-2 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 Receipt And Release 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 JA-2 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 JA-2, and when in doubt— consult a qualified trust & estates lawyer for that area.

Receipt And Release 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 JA-2 - Receipt And Release 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.

Receipt And Release 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 JA-2 - Receipt And Release. You can use this to get an idea of the context of the form and what type of information is needed.

SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF ________________________ ------------------------------------------------------------------------------X ACCOUNTING BY _____________________________ RECEIPT AND RELEASE File No. ________________ as the _________________________________________ of the ESTATE OF _______________________________ a/k/a __________________________________________ Deceased. ------------------------------------------------------------------------------X The undersigned, being of full age, sound mind and under no disability, and entitled to share in the estate of the above named decedent as a [check one] [ ] legatee under a will, [ ] distributee of an intestate share, [ ] trust beneficiary, [ ] creditor of the estate, [ ] other [specify] (a)Acknowledges that each fiduciary named above has fully and satisfactorily accounted for all assets of the estate; (b)Approves the written account verified on , 20 as submitted to the undersigned; [Delete paragraphs (a) and (b) if the undersigned is not interested in or affected by the amount of the residuary estate or trust, or if being made pursuant to a decree of the court.] (c)Acknowledges receipt of money paid or property transferred or delivered as follows: money (cash or check): $ ________________________ the following property: valued at $ ________________________ The following payment and/or transfer is in full payment or distribution of : [ ] a legacy under Paragraph/Article of the will or trust; [ ] a claim against the estate; [ ] the amount directed to be paid by a decree of this court dated: [ ] other [specify]: (d)Releases and discharges each fiduciary named above from all liability to the undersigned for any and all matters relating to or derived from the administration of the estate; waives the issuance and service of a citation to attend any and all proceedings for the judicial settlement of the account; and authorizes the Surrogate to make and enter a decree settling the account and fully releasing and discharging each fiduciary named above as to all matters embraced therein. Dated: ________________________ ________________________________________________ _______________________________________________ (Signature) (Corporate Name) ______________________________________________ (Print Name) ______________________________________________ (Signature of Officer) JA-2 (12/96) 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 receipt and release 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: