Voluntary Administration 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.

Voluntary Administration 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 Voluntary Administration Checklist

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

• 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 Voluntary Administration 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 Voluntary Administration Checklist, 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 Voluntary Administration Checklist 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 Voluntary Administration 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 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 Voluntary Administration Checklist, and when in doubt— consult a qualified trust & estates lawyer for that area.

Voluntary Administration 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 Voluntary Administration 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.

Voluntary Administration 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 Voluntary Administration Checklist. You can use this to get an idea of the context of the form and what type of information is needed.

Voluntary Administration Checklist (see Surrogate’s Court Form SE-3A rev. 11/2019) Check Form To Make Sure Venue Is Correct - Appropriate County Is Listed. Fill In All areas On All Pages Of Affidavit - Also Mark When Not Applicable, Where Necessary. PET ¶ # DescriptionYESNO Is the captioned name exactly the same as it appears on the Death Certificate? If A/K/A’s, are they listed in the caption and also under ¶3 of affidavit? 1.Is the petitioner eligible to act and qualify pursuant to SCPA §1303(a) or 1303(b)? (a) named executor, if there is a will (b) surviving adult spouse of decedent (c) adult child (d) adult grandchild (e) parent (f) brother or sister (g) niece or nephew or aunt or uncle (h) others as set forth in SCPA §1303(a) or SCPA §1303(b) 2.Has the interest of the affiant been checked and specified? 3.Enter decedent’s name, including a/k/a’s, domicile, date of death, place of death and citizenship. Does the information agree with the death certificate? NOTE: A certified copy of the death certificate must be filed with affidavit. [see SCPA §1304(3)] 4.Check appropriate box. If decedent died with a will, the original will must be submitted with Affidavit. [SCPA §1303(b)]. 5.Check records of Surrogate’s Court to make sure no previous application has been made in this estate for a voluntary administration or for letters of administration or for the probate of a will. 6. NOTE: Distributee: Any person entitled to take or share in property under EPTL §4-1.1 and 4-1.2. (SUBMIT A FAMILY TREE IF REQUIRED BY THE COURT.) Check that name, complete mailing address and relationship of each distributee is listed. 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, the Court may require an Affidavit of Heirship as set forth in Uniform Rules 207.16 (c). NOTE: If there are any deceased distributees, provide a copy of the death certificate or provide the date of death. This Checklist is provided for your convenience while completing the petition and the checklist should not be returned to the Court. 1 V-CHKLST release 11/2019 PET ¶ # DescriptionYESNO 7.Must be listed: name, bequest and full mailing address of each individual named in the will. NOTE: Postcard Notices (may be in letter form) are to be mailed to each distributee and beneficiary listed in affidavit under ¶6 and ¶7, excluding affiant. [see SCPA §1304(4)] 8.Check to be certain that value of personal property does not exceed $50,000. 9.Must be listed: all assets of the decedent including bank accounts, stocks, insurance policies not payable to a named beneficiary and the value of each item. JOINT ASSETS AND SET-OFF PROPERTY ARE EXCLUDED. [see EPTL §5- 3.1] Give specifics for each asset, i.e. name of bank, account number, etc. A certificate will be issued for each asset listed. 10.Must be listed: names of all creditors, including unpaid funeral expenses, and the amount owed to each creditor. 11.Court should advise the voluntary administrator of his or her duties and that they are required to account for the disposition of all assets. 12.This paragraph states that this proceeding will not determine the estate tax liability. 13.This paragraph states that if an administration or probate proceeding is commenced, voluntary administrator must file an account with the Court appointed fiduciary. [see SCPA §1307(2)] Is affidavit signed and properly notarized (including proper jurat and expiration date of notary’s commission)? Affiant is represented by an attorney. Is the attorney’s name, address and phone number listed and has the Part 130 Certification been completed? If forms are computer generated, has a certification pursuant to Court Rules §207.4 been attached? 2 V-CHKLST release 11/2019 FEE SCHEDULE SCPA/EPTL § or Rule # Have the proper fees been included with affidavit? $1.00 for filing affidavit 1304(4) COMMENTS AND COURT NOTESForm Number SCPA/EPTL § or Rule # When permitted May be used when a fiduciary is needed to transfer estate assets (personal property only) and the value of the assets does not exceed $50,000. Amounts exclusive of property set off under EPTL §5-3.1. 1301 Documents Always Required •Affidavit in Relation to Settlement of Estate under Article 13 •Certified Death Certificate •Original Will (if one exists) •Report and Account in Settlement of Estate SE-3A SE-1D 1304(3) 1304(3) 1303(b) 1307(2) Documents Sometimes Required •Renunciation of Voluntary Administration •Copy of funeral bill •Obituary Notice •Affidavit of Disinterested Party/Sole Heirship Affidavit •Family Tree Chart •Amended Affidavit •Death Certificate of deceased spouse, distributee SE-1C FT-1 SE-3B 1303 207.16(c) 207.16(c) 207.46 3 V-CHKLST release 11/2019 COMMENTS AND COURT NOTES (continued) Only one certificate of appointment will be issued for each asset or item listed in paragraph 9 of the Affidavit (SE-3A). If additional certificates are needed after Affidavit is filed, use Amended Affidavit (Form SE-3B). A voluntary administrator MAY NOT be used to pass title to real property held in the decedent’s name. [However, pursuant to Real Property Law §321(5)(a) a voluntary administrator may sign a discharge of mortgage.] A bank account must be opened for any money received by the voluntary administration, see SCPA §1307(1). Review carefully instructions to ¶6 and ¶7 of the Affidavit and be sure interested parties are listed in the correct places. 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 notarized. Estates, Powers and Trusts Law Section 5-3.1 - Exemption for Benefit of Family If a person dies leaving a surviving spouse the following items of personal property vest in such surviving spouse, and if there is no surviving spouse, such items of property vest in the decedent’s children under the age of 21 years, if any: (1) Household items (furniture, clothing, etc....) not exceeding a total value of $20,000. (2) Family Bible, pictures, videotapes, discs, computer tapes, software, books not exceeding a total value of $2,500. (3) Domestic animals with their necessary food for 60 days, farm machinery, one tractor and one lawn tractor, not exceeding in aggregate value $20,000. (4) One motor vehicle not exceeding in value $25,000. (5) Money not exceeding in value $25,000, including but not limited to cash, checking, savings, and money market accounts, certificates of deposit or equivalents there-of, and marketable securities, except that where assets are insufficient to pay the reasonable funeral expense of the decedent, the personal representative must apply such money or other personal property to defray any deficiency in such expenses. (This is not a complete reprint of the law regarding family exemptions. Please see EPTL §5-3.1 for the full text of the law.) THIS MATERIAL IS PROVIDED FOR INFORMATION/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. 4 V-CHKLST release 11/2019