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-1 - Petition for probate

Current through Register Vol. 46, No. 28, July
					 10, 2024
Filing Fee Paid $
________
________ Certs $ ________
________ Certs $ ________
STATE OF NEW YORK $ ________ Bond, Fee: $
						________
SURROGATE'S COURT: COUNTY OF Receipt No:
						________ No: ________
________ X
PROBATE PROCEEDING, WILL OF
PETITION FOR PROBATE AND:
[ ] Letters Testamentary
[ ] Letters of Trusteeship
[ ] Letters of Administration
						c.t.a.
a/k/a
Deceased.
________X File No. ________
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 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]
[ ] Executor(s) named in decedent's
						Will
[ ] Other (Specify) ________
1. (b) The proposed Executor [ ] is [ ] is
						not an attorney.
[NOTE: A sole Executor-Attorney must
						comply with 22 NYCRR 207.16(e)]
1. (c) The proposed 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 name, domicile, date and place of
						death, and national citizenship of the above-named decedent are as
						follows:
(a) Name: ____________
(b) Date of death ____________
(c) Place of death ____________
(d) Domicile: Street ____________
City, Town, Village ____________
County ____________ State
						____________
(e) Citizen of: ____________
3. The Last Will, herewith presented,
						relates to both real and personal property and consists of an instrument or
						instruments dated as shown below and signed at the end thereof by the decedent
						and the following attesting witnesses:
P-1 (02/08)
________
(Date of Will)
____________________
(Names of All Witnesses to Will)
________
(Date of Codicil)
____________________
(Names of All Witnesses to Codicil)
________
(Date of Codicil)
____________________
(Names of All Witnesses to Codicil)
4. No other will or codicil of the
						decedent is on file in this Surrogate's Court, and upon information and belief,
						after a diligent search and inquiry, including a search of any safe deposit
						box, there exists no will, codicil or other testamentary instrument of the
						decedent later in date to any of the instruments mentioned in Paragraph 3
						except as follows: [Enter "NONE" or specify]
5. The decedent was survived by
						distributees classified as follows: [Information is required only as to those
						classes of surviving relatives who would take the property of decedent pursuant
						to E PTL 4-1.1 and 4-1.2. State the number of survivors in each class. Insert
						"NO" in all prior classes. Insert "X" in all subsequent classes].
a. [ ] Spouse (husband/wife).
b. [ ] Child or children and/or issue of
						predeceased child or children.
[Must include marital, nonmarital, adopted
						or adopted-out of child under DRL Section 117]
c. [ ] Mother/Father.
d. [ ] Sisters and/or brothers, either of
						the whole or half blood, and issue of predeceased sisters and/or brothers
						(nieces/nephews, etc.)
e. [ ] Grandparents. [Include maternal and
						paternal]
f. [ ] Aunts and/or uncles, and children
						of predeceased aunts and/or uncles (first cousins). [Include maternal and
						paternal]
g. [ ] First cousins once removed
						(children of predeceased first cousins).
[Include maternal and paternal]
6. The names, relationships, domicile and
						addresses of all distributees (under E PTL 4-1.1 and 4-1.2) of each person
						designated in the Will herewith presented as primary executor, of all persons
						adversely affected by the purported exercise by such Will of any power of
						appointment, of all persons adversely affected by any codicil and of all
						persons having an interest under any other will of the decedent on file in the
						Surrogate's Court, are hereinafter set forth in subdivisions (a) and
						(b).
[If the propounded will purports to revoke
						or modify an inter vivos trust or any other testamentary substitute, list the
						names, relationships, domicile and addresses of the trustee and beneficiaries
						affected by the will in subparagraphs (a) and (b) below. Submit trust
						agreement.]
(a) All persons and parties so interested
						who are of full age and sound mind or which are corporations or associations,
						are as follows:
Name and Domicile Address and Description
						of Legacy, Devise
Relationship Mailing Address or other
						Interest, or Nature of Fiduciary Status
P-1 (02/08)
(b) All persons so interested who are
						persons under disability, are as follows:
[Furnish all information specified in NOTE
						following 7b]
Name and Domicile Address and Description
						of Legacy, Devise
Relationship Mailing Address or other
						Interest, or Nature of Fiduciary Status
7. (a) The names and domiciliary of all
						substitute or successor executors and of all trustees, guardians, legatees,
						devisees, and other beneficiaries named in the Will and/or trustees and
						beneficiaries of any inter vivos trust designated in the propounded Will other
						than those named in Paragraph 6 herewith are as follows:
Name Domicile Address and Description of
						Legacy, Devise
Mailing Address or other Interest, or
						Nature of Fiduciary Status
(b) All such legatees, devisees and other
						beneficiaries who are persons under disability are as follows: [Furnish all
						information specified in NOTE below]
Name Domicile Address and Description of
						Legacy, Devise
Mailing Address or other Interest, or
						Nature of Fiduciary Status
[NOTE: In the case of each infant, state
						(a) name, birth date, relationship to decedent, domicile and residence address,
						and the person with whom he/she resides, (b) whether or not he/she has a court-
						appointed guardian (if not, so state), and whether or not his/her father and/or
						mother is living, and (c) the name and residence address of any court-appointed
						guardian and the information regarding such appointment. In the case of each
						other person under a disability, state (a) name, relationship to decedent, and
						residence address, (b) facts regarding his disability including whether or not
						a committee, conservator, guardian, or any other fiduciary has been appointed
						and whether or not he/she has been committed to any institution, and (c) 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. In the case of a person confined as a prisoner,
						state place of incarceration and list any person having an interest in his/her
						welfare. In the case of unknowns, describe such person in the same language as
						will be used in the process.]
P-1 (02/08)
8. (a) No beneficiary under the propounded
						will, listed in Paragraph 6 or 7 above, had a confidential relationship to the
						decedent, such as attorney, accountant, doctor, or clergyperson, except: [Enter
						"NONE" or indicate the nature of the confidential relationship].
(b) No persons, corporations or
						associations are interested in this proceeding other than those mentioned
						above.
9. (a) To the best of the knowledge of the
						undersigned, the approximate total value of all property constituting the
						decedent's gross testamentary estate is greater than $ ________ but less than $
						________.
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 testimentary 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]
____________
____________
10. Upon information and belief, no other
						petition for the probate of any will of the decedent or for letters of
						administration of the decedent's estate has heretofore been filed in any
						court.
WHEREFORE your petitioner(s) pray(s) (a)
						that process be issued to all necessary parties to show cause why the Will and
						the Codicil(s) set forth in Paragraph 3 and presented herewith should not be
						admitted to probate; (b) that an order be granted directing the service of
						process, pursuant to the provisions of Article 3 of the S.C.P.A., upon the
						persons named in Paragraph (6) hereof whose names or whereabouts are unknown
						and cannot be ascertained, or who may be persons on whom service by personal
						delivery cannot be made; and (c) that such Will and Codicil(s) be admitted to
						probate as a Will of real and personal property and that letters issue thereon
						as follows: [Check and complete all relief requested.]
[ ] Letters Testamentary to
						____________
____________
[ ] Letters of Trusteeship to ____________
						f/b/o ____________
____________ f/b/o ____________
____________ f/b/o ____________
[ ] Letters of Administration c.t.a. to
						____________
and that petitioner(s) have such other
						relief as may be proper.
Dated: ________
1.
(Signature of Petitioner) 2.
(Signature of Petitioner)
_____________
(Print Name)
_____________
(Print Name)
3.
(Name of Corporate Petitioner)
(Signature of Officer)
(Print Name and Title of Officer)
P-1 (02/08)
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 it to be true.
2. OATH OF [ ] EXECUTOR [ ] ADMINISTRATOR
						c.t.a. [ ] TRUSTEE 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 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 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 ________, 20 ________, before me
						personally came ____________
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: ____________
P-1 (02/08)
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 it to be true.
2. CONSENT: I consent to accept the
						appointment as [ ] Executor [ ] Administrator c.t.a. [ ] Trustee 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
						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 ________, 20 ________, 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)
Signature of Attorney: ____________
Print Name: ____________
Firm Name: ____________ Tel. No.:
						________
Address of Attorney: ____________
P-1 (02/08)