Probate Proceeding Checklist - Free Download
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Probate Proceeding Checklist
Probate Proceeding Checklist
P-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.
Probate Proceeding Checklist
(see Surrogate’s Court Form P-1, rev. 2/08)
Check All Forms To Make Sure Venue Is Correct - Appropriate County Is Listed
Fill In All Areas On All Pages of Petition - Also Mark When Not Applicable Where Necessary
Is the captioned name the same as the signature on the Will and ¶2 of petition
If A/K/A’s, are they listed in the caption and also under ¶2 of petition
Has the type of Letters been checked
1.(a) Is the name of each fiduciary the same as in Will
If NO, does petitioner explain why
Is the petitioner ... the nominated executor
alternate executor
or person eligible under SCPA §1402 or 1418 (admin. c.t.a.)
NOTE: A Non-domiciliary alien is ineligible to be sole fiduciary (SCPA §707)
1.(b) If an attorney and sole executor: has a statement been filed pursuant to Court
Rules §207.16(e)
1.(c) Has SCPA §2307-a been complied with
2.(a) Is the name of the decedent the same as the signature on Will
Are all A/K/A’s listed
2.(b) Does date of death agree with death certificate
Certified death certificate must be filed with petition
2.(c) Is the place of death the same as that listed on death certificate
2.(d) Is the address on petition and death certificate the same this county
If NOT, has an explanatory affidavit with proofs of domicile been filed
(SCPA §206 & 208)
If decedent was a non-domiciliary of the State, has information been furnished
pursuant to SCPA §1605 showing ...
If the will was previously admitted to probate the petitioner
should submit Administration c.t.a. form CTA-1.
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