Administration c.t.a. (After Probate) Proceeding Checklist - Free Download | Page 2
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PET
¶ # DESCRIPTION YES NO
Acta-CHKLST release 4/7/2010 PAGE 2
1b.
Is the proposed administrator an attorney
If so, has a statement been provided pursuant to 22NYCRR 207.16(e)
NOTE: Latter will need an accounting (see 22NYCRR 207.52)
2. Check that the date of admission of Will to probate is correct and that the name
of the original fiduciary is listed along with date of death or removal.
3.
NOTE: Verify that all persons and parties interested in this proceeding having a right to letters of
administration c.t.a. prior or equal to the petitioner under the provisions of SCPA §1418 and 1419
are listed.
Check that the names, relationships, domiciles and interest of all parties are
listed in the petition.
NOTE: If there are any deceased interested parties, provide a copy of the death certificate or
provide the date of death.
4. Check that all names, relationships, domiciles and interest of all persons and
parties are listed who are beneficiaries named in the will other than those
named in paragraph 3.
NOTE: Form CTA-3 has to be submitted from all adult competent persons listed under 3 & 4
having a right to letters equal or prior to petitioner or a citation will be issued. ALL
INTERESTED PARTIES MUST CONSENT THAT BOND BE DISPENSED WITH OR FILING
OF A BOND WILL BE REQUIRED.
NOTE: If any interested parties have died subsequent to the death of the decedent, a statement
should be included as to whether a legal representative has been appointed, and if so, their name
and title, his/her address and the court which issued letters must be listed. If there has been no
appointment the distributees of such post-deceased distributee must be listed giving names,
relationship, domiciles and citizenship.
NOTE: FOR INFANTS (Attach copy of birth certificate if required by court)
NOTE: IF THERE IS A COURT-APPOINTED GUARDIAN (FIDUCIARY) SUBMIT PROOF
OF APPOINTMENT.
NOTE: IF THERE ARE UNKNOWNS, the following proof has to be submitted:
affidavit showing that diligent efforts have been made to locate unknown
distributees or distributees whose whereabouts are unknown [Court Rules
§207.16(d)]
“DILIGENT SEARCH” requires extensive research, e.g.:
cemetery and marriage records; telephone books; conversation with other distributees,
neighbors, etc.; records of varied Surrogate’s Court; military records; Bureau of
Immigration & Naturalization; Social Security Administration; Bureau of Vital Statistics;
Department of Motor Vehicles; Bureau of the Census; City directories; Internet
