Ancillary Probate Proceeding Checklist - Free Download
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ANCP-CHK release 4/21/2010 PAGE 1
This Checklist is provided for your convenience
while completing the petition and the checklist
should not be returned to the Court.
Ancillary Probate Proceeding Checklist
(see Surrogate’s Court Form AP-1, 12/97, rev. 4/98)
NOTE: An ancillary probate may be used when a non-domiciliary leaves real and/or personal
property which needs to be administered under New York State law and there has been
probate in the foreign (domiciliary) jurisdiction.
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
CHECK: IS THE ATTORNEY OF RECORD LICENSED TO PRACTICE IN THE STATE OF NEW YORK
PET
¶ # DESCRIPTION YES NO
Is the captioned name the same as the signature on the Will and ¶2 of the petition
If A/K/A’s are they listed in the caption and also under ¶2 of the petition
Has the type of Letters been checked
1. Is the petitioner the person expressly appointed in the Will as executor with
respect to property located in this State or his/her designee (see SCPA §1604)
If Not: Is petitioner the fiduciary appointed to act in the domiciliary
jurisdiction or his/her designee
If Not: Is petitioner the person acting in the domiciliary jurisdiction to
administer and distribute the testator’s estate
If Not: Is petitioner a person entitled to letters of administration c.t.a. or
his/her designee (see SCPA §1418)
If Not: Is petitioner a creditor, public administrator (County Treasurer)
or person interested or to whom letters may issue (see
SCPA §1609.1)
NOTE: Non-domiciliary alien executor, though ineligible to act in this jurisdiction (unless said
executor has a co-executor who is a citizen), has a right to designate an ancillary fiduciary. (see
SCPA §707 and §1608)
2. Verify information set forth in Authenticated documents from foreign state.
NOTE: Exemplified/Authenticated Record should include copies of Will, Decree or Order
Admitting Will to probate in the foreign (domiciliary) jurisdiction, and Letters issued thereon in
the foreign jurisdiction (if the issuance of Ancillary Letters are being requested). (see SCPA §1614
and CPLR §4540) If no letters were issued in foreign jurisdiction then explanatory affidavit may
be required.
NOTE: Exemplifications and/or authenticated documents must be unaltered - i.e. should not be
unstapled to photocopy and should not be attached to petition.
