New York Surrogate's Court Probate Filing Checklist

New York Surrogate's Court Probate Filing Checklist

Court: Surrogate's Court, [________________________________] County
File Number: [________________________________]
Decedent: [________________________________]
Date of Death: [__/__/____]
Petitioner: [________________________________]
Filing Attorney: [________________________________]
Date Prepared: [__/__/____]

I. Type of Proceeding

Probate (Testate - With Will)

☐ Decedent left a valid will
☐ Petition for Probate of Will
☐ Letters Testamentary issued to executor

Administration (Intestate - No Will)

☐ Decedent died without will
☐ Petition for Letters of Administration
☐ Administrator appointed by court

Small Estate Affidavit (SCPA 1310)

☐ Personal property only
☐ Value $50,000 or less
☐ Voluntary administration

II. Venue

☐ County where decedent was domiciled at death
☐ Or county where property located (non-resident)

III. Probate Petition Requirements

Petition Contents

☐ Decedent's information
☐ Date and place of death
☐ Domicile at death
☐ Names and addresses of all distributees
☐ Proposed executor information
☐ Description of estate

Required Attachments

☐ Original Will (do NOT remove staples)
☐ Death Certificate (certified)
☐ Probate Petition (completed)
☐ Renunciations (from non-petitioning fiduciaries)

IV. Citation/Waiver Process

Citation to Distributees

☐ All interested parties must be cited
☐ Served personally or by mail
☐ OR waivers and consents obtained

Waivers and Consents

☐ Waiver of Citation form
☐ Consent to Probate
☐ Signed by each distributee
☐ Signatures acknowledged

V. Proving the Will

Self-Proving Will

☐ Attestation clause and affidavit attached
☐ No witness testimony needed

Non-Self-Proving Will

☐ Witness testimony required
☐ Affidavit of subscribing witness
☐ If witnesses unavailable, other proof

VI. Filing Fee (SCPA 2402)

☐ Filing fee based on estate value
☐ Under $10,000: Minimal fee
☐ Over $500,000: Higher fee
☐ Fee paid

VII. Letters Testamentary/Administration

Upon Court Approval

☐ Oath of Executor/Administrator
☐ Designation of Clerk for Service
☐ Letters issued
☐ Certified copies obtained

Bond

☐ Bond required: ☐ Yes ☐ No
☐ Bond amount: $[________________]
☐ Bond waived by will or consent

VIII. Post-Appointment Duties

Fiduciary Duties

☐ Collect and secure assets
☐ Open estate bank account
☐ Obtain EIN from IRS
☐ Notify creditors

Notice to Creditors

☐ Publication (if required)
☐ Seven-month creditor claim period

Inventory

☐ File inventory with court (if required)
☐ List all estate assets

IX. Administration Timeline

☐ Collect assets
☐ Pay debts and expenses
☐ File estate tax returns (if required)
☐ File accounting
☐ Distribute estate
☐ Obtain releases

X. Final Accounting

☐ Account of all transactions
☐ Notice to interested parties
☐ Court approval or informal settlement
☐ Decree settling account

XI. E-Filing (NYSCEF)

☐ Surrogate's Court uses NYSCEF in many counties
☐ Check if county requires e-filing
☐ File petition and documents electronically

Sources and References

• Surrogate's Court Procedure Act: https://www.nysenate.gov/legislation/laws/SCP
• NY Courts Surrogate's Court: https://ww2.nycourts.gov/courts/1jd/surrogates
• NYSCEF: https://iappscontent.courts.state.ny.us/NYSCEF

Prepared by: [________________________________]
Date: [__/__/____]