Administration c.t.a. (After Probate) Proceeding Checklist - Free Download
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Acta-CHKLST release 4/7/2010 PAGE 1
This Checklist is provided for your
convenience while completing the
petition and the checklist should
not be returned to the Court.
Administration c.t.a. (after Probate)
Proceeding Checklist
(see Surrogate’s Court Form CTA-1, rev. 7/98)
NOTE: If, subsequent to the admission of a will to probate, the executor or administrator c.t.a.
dies, resigns or for any reason is removed from office, and there is no executor or
administrator c.t.a. qualified to act, a proceeding for the appointment of an administrator c.t.a.
or administrator c.t.a., d.b.n. may be commenced in order to complete the administration of
the estate. (SCPA §1418 and 1419).
NOTE: According to the Opinion of the State Comptroller 89-49, dated 11/27/1989, the fee to
be charged on an administration c.t.a. proceeding is $45.00.
Check that the office of the executor or administrator c.t.a. is vacant [SCPA §1418(1)]:
1. death certificate
2. proof of revocation
3. resignation (NOTE: an accounting may be required before fiduciary is discharged - SCPA §716)
NOTE: The Court may refuse to issue Letters of Administration c.t.a. if distribution is possible
pursuant to SCPA §2207.
Fill In All Areas On All Pages of Petition - Also Mark When Not Applicable Where Necessary
Check All Forms To Make Sure Venue Is Correct - Appropriate County Is Listed
PET
¶ # DESCRIPTION YES NO
Secure the estate file folder
Is the captioned name exactly the same as it appears on the original proceeding
Make sure that the file number is on the petition and all other supporting documents and
should be the same file number as the original proceeding
1a. Is the petitioner eligible to act and qualify pursuant to SCPA §1418
(a) sole beneficiary or if he/she is dead, to his/her fiduciary
(b) to one or more residuary beneficiaries or, if any are dead, to his/her fiduciary
(c) if there is no one eligible under (a) or (b) who will accept, the Court may issue
letters to one or more persons interested in the estate or, if any be dead, to his/her
fiduciary
*NOTE: [see SCPA §1418(2)-(8) for additional classes]
Check citizenship
Has the interest of the petitioner been checked and specified
