§ 5: Please read the directions carefully. See EPTL § 4-1.2 Also see DRL §115 regarding adopted children.ġ. Distributees are not necessarily named in the will. A distributee is any person entitled to take or share in property of a decedent under the statutes governing descent and distribution. If needed a certified copy of the Will can be obtained from the court to send to the witnesses.ĭistributees may have a statutory right to object to the probate of the will and therefore must be classified. Be sure to include the self-proving affidavit or witness depositions. The date of death should be consistent with the death certificate. If the address on the death certificate is different from the decedent's domiciliary address supply an affidavit explaining the inconsistency.Ī death certificate must be filed with the petition. If the proposed Executor is an attorney compliance with SCPA 2307a must be attached. This can be done even though the petitioner does not wish to be appointed the executor of the estate. Use the decedent's name as it appears in the signature on the will followed by a/k/a's when needed.Īny competent adult or corporation interested in the estate may submit a petition for probate. The following information is for use with the uniform court forms. for making copies), where the document has been kept since it was executed, and that you believe that no substitutions/changes have been made since its execution. If the staples have been removed and the document re-stapled, you must provide the Court with a notarized affidavit stating why they were removed (i.e. The removal of staples may provide grounds for objection to probate. ĭO NOT REMOVE THE STAPLES FROM THE WILL WHEN MAKING COPIES BEFORE FILING WITH THE COURT. If you have any questions, please call the Surrogate's Court in whatever County you will be filing. FORMS are available at the court or can be downloaded from this web site.
The proceeding is commenced by the filing of a petition and supporting documents with the court. When a New York domiciliary dies (decedent) having a Last Will and Testament (testate), Probate is the process in which: (1) a Will is "proved " to the satisfaction of the Court to be the valid Last Will and Testament of the decedent, (2) the person named in the Will as Executor (fiduciary) is appointed to carry out the wishes of the decedent, and (3) jurisdiction is obtained over all interested parties who are given an opportunity to oppose the Will prior to its admission to probate.
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