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 AP-1 - Petition for ancillary probate

Current through Register Vol. 46, No. 39, September 25, 2024

For Office Use Only

Filing Fee Paid $ ____________

____________ Certs: $ ____________

$ ____________ Bond, Fee: $ ____________

Receipt No: ____________ No: ____________

DO NOT LEAVE ANY ITEMS BLANK

SURROGATE'S COURT OF THE STATE OF NEW YORK

COUNTY OF

________X

ANCILLARY PROBATE PROCEEDING, WILL OF PETITION FOR

ANCILLARY PROBATE

SCPA ARTICLE 16

a/k/a [ ] Ancillary Letters Testamentary

[ ] Ancillary Letters of Administration c.t.a.

[ ] Without Ancillary Letters a domiciliary of the State of

Deceased. File No. ________

________X

TO THE SURROGATE'S COURT, COUNTY OF :

It is respectfully alleged:

1. 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) are as follows:

Name: ____________

Domicile or Principal Office: ____________

(Street and Number)

____________

(City, Village or Town) (State) (Zip Code)

Mailing Address: ____________

(if different from domicile)

Citizen of: ________

Name: ____________

Domicile or Principal Office: ____________

(Street and Number)

____________

(City, Village or Town) (State) (Zip Code)

Mailing Address: ____________

(if different from domicile)

Citizen of: ________

Interest(s) of Petitioner(s): [Check one]

[ ] Executor(s) named in decedent's will [ ] Creditor

[ ] Other (Specify) ____________

2. The name, domicile, date and place of death, and national citizenship of the above-named decedent are as follow:

(a) Name: ____________

AP-1 (4/98)

(b) Date of death: ____________

(c) Place of death: ____________

(d) Domicile: Street ____________

City, Town, Village ____________

County ________ State ____________

(e) Citizen of: ____________

3. Decedent left a will in writing dated ____________ (and codicil dated ________), which was duly admitted to probate on ________ by the ________ Court, County of ________, State of ________, being a competent court of the state of the domicile of decedent having jurisdiction thereof, and the will/codicil is not subject to contest under the laws of that state.

On ____________, letters were issued by the court to________,

and the amount of the security given on the original appointment was $________. Under the will/codicil a bond [ ] is [ ] is not dispensed with.

[If additional space is needed in Paragraphs 4, 5 and 6, attach addendum.]

4. (a) The will/codicil upon ancillary probate may operate upon property in the State of New York consisting of real property and personal property described and valued as follows: [list items and describe briefly, giving location. If space is insufficient, attach addendum].

4. (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]

____________

____________

Exemplified copies of the will/codicil, the decree admitting the will/codicil to probate, and the letters issued, if any, are submitted as part of this petition.

5. The names, addresses and interests of all persons entitled to process [(a) New York State Department of Taxation and Finance, (b) all domiciliary creditors or domiciliaries claiming to be creditors, and (c) such other persons entitled to letters pursuant to SCPA § 1604] are as follows:

AP-1 (4/98)

6. The name and address of each domiciliary beneficiary under the will/codicil having an interest in the property in this state is as follows:

(a) Each beneficiary who is of full age and sound mind or which is a corporation or association:

(b) Each beneficiary who is an infant or otherwise under a disability: [State disability and see SCPA § 304(3)]

Disability: ____________

TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE

Disability: ____________

7. There are no persons interested in this proceeding other than those hereinbefore mentioned. No previous application for ancillary probate with or without ancillary letters has been made, except

____________

____________

WHEREFORE, petitioner(s) pray(s) (a) that process issue to all necessary parties (b) that the Will/Codicil be admitted to ancillary probate and (c) that ancillary letters issue thereon as follows:

[ ] Ancillary Letters Testamentary to: ____________

____________

[ ] Ancillary Letters of Administration c.t.a. to: ____________

____________

[ ] No Ancillary Letters to be issued

(d) [State any other relief requested]

Dated: ________

1. ________ 2. ________

(Signature of Petitioner) (Signature of Petitioner)

________ ________

(Print Name) (Print Name)

3. ________

(Name of Corporate Petitioner)

________

(Signature of Officer)

________

(Print Name and Title of Officer)

AP-1 (4/98)

SURROGATE'S COURT OF THE STATE OF NEW YORK

COUNTY OF

________X

ANCILLARY PROBATE PROCEEDING, WILL OF COMBINED VERIFICATION,

OATH AND DESIGNATION

a/k/a

a domiciliary of the State of File No. ________

Deceased.

________X

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 ANCILLARY [ ] Executor [ ] 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 ancillary executor/administrator c.t.a. under the will. 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 New York Attorney: ____________

Print Name of New York Attorney: ____________

Firm Name: ____________ Tel. No.:________

Address of New York Attorney: ____________

AP-1 (4/98)

The undersigned, a ____________ of

(Title)

____________

(Name of Bank or Trust Company)

a corporation duly qualified to act in a fiduciary capacity without further security, 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. CONSENT: I consent to accept the appointment as [ ] Ancillary Executor [ ] Ancillary Administrator c.t.a. under the will 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 ________, 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 ________ the corporation/national banking association described in and which executed such instrument, and that 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 New York Attorney: ____________

Print Name of New York Attorney: ____________

Firm Name: ____________ Tel. No.: ________

Address of New York Attorney: ____________

AP-1 (4/98)

SURROGATE'S COURT OF THE STATE OF NEW YORK

COUNTY OF

________X

ANCILLARY PROBATE PROCEEDING, WILL OF COMBINED CORPORATE VERIFICATION,

CONSENT AND DESIGNATION

a/k/a

a domiciliary of the State of File No. ________

Deceased.

________X

STATE OF)

COUNTY OF) ss:

The undersigned, a ____________ of

(Title)

____________

(Name of Bank or Trust Company)

a corporation duly qualified to act in a fiduciary capacity without further security, 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. CONSENT: I consent to accept the appointment as [ ] Ancillary Executor [ ] Ancillary Administrator c.t.a. under the will 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 ________, 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 ________ the corporation/national banking association described in and which executed such instrument, and that 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)

Name of New York Attorney: ____________ Tel. No.:________

Address of New York Attorney: ____________

AP-1 (12/97)