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 CTA-1 - Petition for letters of administration c.t.a. after probate

Current through Register Vol. 46, No. 28, July
					 10, 2024
For Office Use Only
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SURROGATE'S COURT OF THE STATE OF NEW
						YORK
COUNTY OF
________X
LETTERS OF ADMINISTRATION c.t.a., PETITION
						FOR
WILL OF LETTERS OF ADMINISTRATION
						c.t.a.
AFTER PROBATE
a/k/a SCPA 1418 and 1419
Deceased. File No. ________
________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) is/are as follows:
Name: ____________
Domicile or Principal Office:
						____________
(Street and Number) (City, Village or
						Town)
____________
(County) (State) (Zip Code) (Telephone
						Number)
Mailing Address: ____________
(if different from domicile)
Citizenship (check one): [ ] U.S.A. [ ]
						Other (specify) ____________
Name: ____________
Domicile or Principal Office:
						____________
(Street and Number) (City, Village or
						Town)
____________
(County) (State) (Zip Code) (Telephone
						Number)
Mailing Address: ____________
(if different from domicile)
Citizenship (check one): [ ] U.S.A. [ ]
						Other (specify) ____________
Interest(s) of Petitioner(s): [Check
						one]
[ ] Sole Beneficiary [ ] Residuary
						Beneficiary
[ ] Other [Specify] ____________
1. (b) The proposed Administrator c.t.a. [
						] is [ ] is not an attorney.
[NOTE: An Administrator c.t.a.-Attorney
						must comply with Uniform Court Rule 207.16(e). (See also 207.52)]
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 [ ] resigned [ ] was
						removed.
CTA-1 (7/98) -1-
3. The names and addresses of all persons
						and parties interested in this proceeding having a right to letters of
						administration c.t.a. (with the will annexed) prior or equal to the petitioner
						under the provisions of SCPA § 1418 and 1419, are as follows: [Furnish all
						information specified in NOTE below, if required]
Name and Domicile Address and Description
						of Legacy, Devisee
Relationship Mailing Address or Other
						Interest, or Nature of Fiduciary Status
4. The names and addresses of all persons
						and parties who are beneficiaries named in the will other than those named in
						paragraph 3 above are as follows: [Furnish all information specified in NOTE
						below, if required]
Name and Domicile Address and Description
						of Legacy, Devisee
Relationship Mailing Address or Other
						Interest, or Nature of Fiduciary Status
5. There are no persons other than those
						hereinbefore mentioned interested in this proceeding.
6. There are no outstanding debts or
						funeral expenses, except: [If "NONE" so state]
7. (a) To the best of the knowledge of the
						undersigned, property of the estate remains unadministered 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]
[NOTE: In the case of each infant, state
						(a) name, birth date, relationship to decedent, domicile and residence address,
						and the person with who 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 this 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.]
CTA-1 (7/98) -2-
WHEREFORE, petitioner(s) pray(s) (a) that
						process issue to all necessary parties and (b) that letters issue as
						follows:
Letters of Administration c.t.a. to:
						____________
____________
(c) [State any other relief
						requested]
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)
CTA-1 (7/98) -3-
COMBINED VERIFICATION, OATH &
						DESIGNATION
[For use when petitioner is to be
						appointed administrator c.t.a.]
STATE OF)
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 ADMINISTRATOR c.t.a.: I am over
						eighteen (18) years of age and a citizen of the United States; I will well,
						faithfully and honestly discharge the duties of administrator c.t.a., I am not
						ineligible to receive letters.
3. DESIGNATION OF CLERK FOR SERVICE OF
						PROCESS: I do hereby designate the Clerk of the Surrogate's Court of ________
						County, and his or 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 within the State of New York after due diligence used.
My domicile is
(Street Address) (City/Town/Village)
						(State) (Zip Code)
______________
(Signature of Petitioner)
______________
(Print Name)
On ____________, ________, 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: ____________
CTA-1 (7/98) -4-
COMBINED CORPORATE VERIFICATION, CONSENT
						AND DESIGNATION
[For use when a petitioner to be appointed
						is a bank or trust company]
STATE OF)
COUNTY OF) ss:
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. 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 Administrator c.t.a. of the decedent described in the foregoing
						petition and consent to act as such fiduciary.
3. DESIGNATION OF CLERK FOR SERVICE OF
						PROCESS: I do hereby designate the Clerk of the Surrogate's Court of ________
						County, and his or 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
						within the State of New York after due diligence used.
______________
(Name of Corporate Petitioner)
______________
(Signature of Officer)
______________
(Print Name and Title of Officer)
On the ________, ________, 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 ____________ corporation/national
						banking association described in and which executed such instrument, and the
						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: ____________
CTA-1 (7/98) -5-