Surrogate-p-14 Petition For Successor Letters Testamentary

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.

Surrogate-p-14 Petition For Successor Letters Testamentary 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 Surrogate-p-14 Petition For Successor Letters Testamentary

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Surrogate-p-14 Petition For Successor Letters Testamentary:

• 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 SLT-1 - Surrogate-p-14 Petition For Successor Letters Testamentary 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 SLT-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 SLT-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 SLT-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 Surrogate-p-14 Petition For Successor Letters Testamentary 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 SLT-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 SLT-1, and when in doubt— consult a qualified trust & estates lawyer for that area.

Surrogate-p-14 Petition For Successor Letters Testamentary 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 SLT-1 - Surrogate-p-14 Petition For Successor Letters Testamentary 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.

Surrogate-p-14 Petition For Successor Letters Testamentary 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 SLT-1 - Surrogate-p-14 Petition For Successor Letters Testamentary. You can use this to get an idea of the context of the form and what type of information is needed.

Filing Fee Paid $_______________ ____________ Certs $_______________ Receipt No: __________ No:__________ DO NOT LEAVE ANY ITEMS BLANK STATE OF NEW YORK SURROGATE’S COURT: COUNTY OF __________________ ________________________________________________________X In the Matter of the Petition for Successor Letters Testamentary in the Estate ofPETITION FOR SUCCESSOR LETTERS TESTAMENTARY File No. ____________________________ a/k/a Deceased. ________________________________________________________X 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(s) are as follows: Name:_____________________________________________________________________________________________________ Domicile or Principal Office:____________________________________________________________________________________ (Street and Number) __________________________________________________________________________________________________________ (City, Village or Town)(State)(Zip Code) Mailing Address:_______________________________________________________________________________ (If different from domicile) Citizen of:_________________ Name:_____________________________________________________________________________________________________ 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][ ] Successor Executor(s) named in decedent’s Will [ ] Other (Specify) __________________________ 1.(b)The proposed Successor Executor [ ] is [ ] is not an attorney. [Note: A sole Successor Executor-Attorney must comply with 22 NYCRR §207.16(e)] 1.(c)The proposed Successor 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] 2. The will of the above-named decedent was admitted to probate by the Surrogate’s Court of ___________________ County on ________________________ and Letters Testamentary were issued to ________________________________________ who on ______________________, [ ] died[ ] other (specify) _______________________________________________. [Note: If prior fiduciary is deceased, please provide court with certified copy of death certificate.] SLT-1 (04/2011) -1- 3.The names and addresses of all persons and parties interested in this proceeding having a right to successor letters testamentary prior or equal to the petitioner(s) are as follows: Name andDomicile Address andNature of Fiduciary Status Relationship Mailing Address 4. The names and addresses of all persons and parties who are named in the will as fiduciaries or beneficiaries, other than those named in paragraph 3 above, are as follows: Name andDomicile Address andDescription of Legacy, Devise Relationship Mailing Addressor Other Interest, or Nature of Fiduciary Status [Note: If any such person is under a disability state name and post office address of a person upon whom service of process may be made on behalf of such person.] 5. There are no persons other than those hereinbefore mentioned interested in this proceeding. 6.(a) To the best of the knowledge of the undersigned, the property of the estate that remains unadministered is as follows: 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] _________________________________________________________________________________________________ _________________________________________________________________________________________________ WHEREFORE, petitioner(s) pray(s): That Successor Letters Testamentary issue to ______________________________________________________ in the same manner as original letters, and that he/she/they be authorized to complete the administration of the estate of ____________________________________________________, deceased. 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) -2- 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 them to be true. 2.OATH OF SUCCESSOR EXECUTOR as indicated above: I am over eighteen (18) years of age and a citizen of the United States 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 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 des ignate 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 is used. My domicile is :_____________________________________________________________________________________ (Street Address)(City/Town/Village)(State)(Zip) ______________________________________ (Signature of Petitioner) ______________________________________ (Print Name) On____________________________________________________ , ________, before me personally appeared _________________________________________________________________________________________________, 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. :____________________________ Address of Attorney:_________________________________________________________________________________ -3- 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 say: 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 them to be true. 2.CONSENT: I consent to accept the appointment as Successor Executor 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 with like effect as if it were served personally upon me, whenever one of the fiduciary’s proper officers cannot be found and served within the State of New York after due diligence is used. _______________________________________ (Name of Bank or Trust Company) By________________________________________________________________________________________ (Signature)(Principal Office Street Address) __________________________________________________________________________________________ (Print Name and Title)(City/Town/Village)(State)(Zip) On _______________________ ,________ , before me personally appeared _____________________________, 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.:____________________________ Address of Attorney:_________________________________________________________________________________