New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter VII - Surrogate's Court Forms › Subchapter A - Forms Authorized By Section 207.52 › Surrogate's Forms › Form P-2 - Application for preliminary letters testamentary

Current through Register Vol. 46, No. 28, July
					 10, 2024
Form P-2
(Application for Preliminary
Letters Testamentary)
SURROGATE'S COURT OF THE STATE OF NEW
						YORK
COUNTY OF
________X
PROBATE PROCEEDING, Will of
APPLICATION FOR
PRELIMINARY LETTERS TESTAMENTARY
a/k/a (See SCPA 1412)
Deceased. File # ________
________X
1. The proposed preliminary executor(s)
						is/are ____________
____________ and is/are designated as
						executor(s) in the Will of the above named decedent dated ____________
(together with Codicil(s) dated
						____________) and duly filed with the court.
2. The person(s) who would have a right to
						letters testamentary pursuant of Section 1412.1 is/are: [Enter "NONE" or
						specify name and interest]
____________
3. Preliminary letters are requested for
						the following reasons:
____________
____________
____________
4. Probate is expected to be completed by:
						____________
5. A contest [ ] is [ ] is not
						expected.
6. The testamentary assets of decedent's
						estate are estimated as follows: [describe and state value; annex schedule if
						space is insufficient]
Personal Property: ____________
____________
____________
Total Personal Property: $ ________
Real Property: ____________
____________
____________
Total Real Property: $ ________
18 months rent, if applicable:
						____________
____________
____________
Total of 18 months rent: $ ________
7. The liabilities of this estate are:
						____________
____________
____________
8. By provision in the propounded will,
						the applicant(s) [is/are] [are not] required to file a bond or other security
						for the performance of his/her/their duties.
P-2 (9/96)
Your applicant(s) respectfully request the
						issuance to ____________
____________
of preliminary letters testamentary upon
						qualifying.
Dated:____________
______________
Applicant
______________
Applicant
OATH & DESIGNATION OF PRELIMINARY
						EXECUTOR
STATE OF NEW YORK)
COUNTY OF) ss.:
I, the undersigned, ________ being duly
						sworn, say:
1. OATH OF PRELIMINARY EXECUTOR: I am over
						eighteen (18) years of age and a citizen of the United States; I am an executor
						named in the Will described in the foregoing petition and will well, faithfully
						and honestly discharge the duties of preliminary executor and duly account for
						all money or property which may come into my hands. I am not ineligible to
						receive letters.
2. 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 Surrogate's 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)
(Print Name)
On ____________, 19________, before me
						personally came
____________
to me know 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)
Name of Attorney: ____________ Tel. No.:
						________
Address of Attorney: ____________
NOTE: Each Preliminary Executor must
						complete a combined Oath & Designation of Preliminary Executor.
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CONSENT AND DESIGNATION OF CORPORATE
						PRELIMINARY EXECUTOR
STATE OF NEW YORK)
COUNTY OF) ss.:
I, The undersigned, a
_____________________
(Title) of
(Name of Bank or Trust Company)
a corporation duly qualified to act in a
						fiduciary capacity without further security, being duly sworn, say:
1. CONSENT: I consent to accept the
						appointment as Preliminary Executor under the Last Will and Testament of the
						decedent described in this application and consent to act as such
						fiduciary.
2. 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 ________, 19________, 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)
Name of Attorney: ____________ Tel.
						No.:________
Address of Attorney:____________
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