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 JA-1 - Petition for judicial settlement of account

Current through Register Vol. 46, No. 28, July
					 10, 2024
For Office Use Only
Filing Fee Paid $ ____________
Receipt No: ____________
DO NOT LEAVE ANY ITEMS BLANK
SURROGATE'S COURT OF THE STATE OF NEW
						YORK
COUNTY OF
________X
ACCOUNTING BY PETITION FOR JUDICIAL
SETTLEMENT OF ACCOUNT OF
as the [ ] Executor
of the ESTATE OF [ ] Administrator
a/k/a [ ] Trustee
[ ] Other [specify] ________
Deceased.
________X File No. ________
TO THE SURROGATE'S COURT, COUNTY OF
						________
It is respectfully alleged:
1. The name(s), and address(es) of the
						petitioner(s), the type and date of letters issued, and the amount and surety
						of petitioner's(s') bond, if any, are as follows:
Name: ____________
Address: ____________
(Street Address)
						(City/Town/Village)
____________()________
(County) (State) (Zip) (Telephone
						Number)
Mailing address is:____________
(if different from above)
Type of letters issued:________ Date
						letters issued: ____________
Amount of bond: $____________ Name of
						surety: ____________
Name: ____________
Address: ____________
(Street Address)
						(City/Town/Village)
________()____________
(County) (State) (Zip) (Telephone
						Number)
Mailing address is:____________
(if different from above)
Type of letters issued: ________ Date
						letters issued: ____________
JA-1 (4/98)
2. The decedent's name, date of death and
						domicile are as follows:
Name: ____________ Date of death:
						____________
Domicile: ____________
(Street Address)
						(City/Town/Village)
____________
(State) (Zip Code)
Township of: ____________ County of:
						____________
3. The petitioner(s) present(s) and
						render(s) herewith, a verified account of petitioner's(s') proceedings in this
						estate or trust, for the period from ________ to ________, showing the gross
						value of assets, including principal and income, to be the sum of
						$________.
4. [ ] (a) An order was entered in this
						Court on ____________, 19________
[ ] Exempting the estate from tax
[ ] Fixing and assessing the tax
						due
[Attach a copy of the tax order and
						receipt]
[ ] (b) The following return(s) (was)
						(were) filed:
[ ] ET-90 [For decedent's dying on or
						after May 25, 1990]. A copy was filed with the Surrogate's Court [ ] Yes [ ]
						No
[ ] TT-385 [For decedent's dying before
						May 25, 1990]
[ ] 706 or 706NA
The estate taxes with respect to this
						estate were paid in full.
[Attach a copy of letter of
						discharge.]
[ ] (c) No tax proceeding or return was
						required for this estate.
5. The rendering of such account at this
						time is proper because [check appropriate reason]
[ ] seven months have elapsed since
						letters were issued to petitioner(s);
[ ] letters issued to the petitioner(s)
						have been revoked;
[ ] more than one year has elapsed since
						the preceding account of the petitioner(s) was settled.
[ ] other reason [specify]:
JA-1 (4/98)
6. The names and post-office addresses of
						all persons and parties interested in this proceeding who are required to be
						cited under the provisions of Surrogate's Court Procedure Act, § 2210, or
						otherwise, or concerning whom or which the Court is required to have
						information, are set forth in subdivision (a) or (b):
(a) All persons and parties so interested
						herein who are of full age and sound mind, or which are corporations or
						associations, are as follows:
Name Nature of Interest P.O.
						Address
(b) All persons so interested herein who
						are infants or incompetents or persons believed to be mentally incapable to
						adequately protect their rights, or persons whose existence, identity, or
						whereabouts are unknown (including persons who are virtually represented under
						SCPA § 315) are as follows:
[Furnish all information specified in NOTE
						at bottom of page]
Name Nature of Interest P.O.
						Address
[NOTE: In the case of each infant, state
						(a) name, birthdate, age, nature of interest, domicile, residence address, and
						the person with whom he/she resides; (b) whether or not he/she has a guardian
						or testamentary guardian, and whether or not his/her father, or if he/she be
						dead, his/her mother is living; and (c) the name and post office address of any
						guardian and any living parent. In the case of each incompetent or person
						incapable of adequately protecting his/her rights, state (a) name, nature of
						interest, and post office address; (b) facts regarding his/her incompetency,
						including whether or not a committee has been appointed and whether or not
						he/she has been committed to any institution; (c) the names and post office
						addresses of any committee, conservator, guardian, and person or institution
						having care and custody of him/her, and any relative or friend having an
						interest in his/her welfare. In the case of unknowns, describe in identical
						language to be used in citation for publication. In the case of a person
						confined as a prisoner, state place of incarceration. With respect to virtual
						representation, see Uniform Court Rule, §
											207.18.]
JA-1 (4/98)
7. There are no persons interested in this
						proceeding other than those herein above mentioned.
8. No prior application has been made to
						this or any other court for the relief requested in this petition.
WHEREFORE the petitioner(s) pray(s) that
						the account of proceedings be judicially settled [specify any other relief
						requested.]
and that process be issued to all
						necessary parties who have not appeared to show cause why the relief requested
						should not be granted; and that an order be granted directing the service of
						process pursuant to the provisions of SCPA Article 3 upon such persons named in
						Paragraph (6) whose names or whereabouts are unknown and cannot be ascertained
						or who may be persons on whom service by personal delivery cannot be
						made.
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)
JA-1 (4/98)
VERIFICATION
[For use when petitioner is an
						individual]
STATE OF NEW YORK)
COUNTY OF) ss.:
The undersigned, the petitioner(s) named
						in the foregoing petition, being duly sworn, say(s): (I) (We) have read the
						foregoing petition subscribed by me (us) and know the contents thereof, and the
						same is true of (my) (our) own knowledge, except as to the matters therein
						stated to be alleged upon information and belief, and as to those matters (I)
						(we) believe it to be true.
(Signature of Petitioner)
(Signature of Petitioner)
_____________
(Print Name)
_____________
(Print Name)
Sworn to before me this
________ day of ________,
						19________.
_________
Notary Public
Commission Expires:
(Affix Notary Stamp or Seal)
Signature of Attorney: ____________
Print Name: ____________
Firm Name: ____________ Tel. No.:
						________
Address of Attorney: ____________
JA-1 (4/98)
VERIFICATION
[For use when a petitioner is a bank or
						trust company]
STATE OF NEW YORK)
COUNTY OF) ss.:
I, the undersigned, a
(Title) of
(Name of Bank or Trust Company)
being duly sworn, say(s):
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.
______________
(Name of Bank or Trust Company)
BY
_____________
(Signature of Officer)
______________
(Print Name and Title)
Sworn to before me this
________ day of ________,
						19________.
_________
Notary Public
Commission Expires:
(Affix Notary Stamp or Seal)
Signature of Attorney: ____________
Print Name: ____________
Firm Name: ____________ Tel. No.:
						________
Address of Attorney: ____________
JA-1 (4/98)