Petition for Probate of Will and for Letters Testamentary - New York

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

New York Surrogate's Court requires the use of the official Petition for Probate, Form
P-1 (P-1.0) (22 NYCRR Part 207), filed under SCPA § 1402. This template organizes
the substantive legal content to help you prepare — but you must transfer your content to
the official OCA/Surrogate's Court form before filing. The official Surrogate's Court forms
(Form P-1 Petition for Probate, P-2 Application for Preliminary Letters Testamentary, P-3
Affidavit of Attesting Witness, P-4 Waiver of Process and Consent, and the Probate
Citation) are available at https://www.nycourts.gov/forms/surrogates/probate.shtml.
Do not file this document directly with the court.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

SURROGATE'S COURT OF THE STATE OF NEW YORK, COUNTY OF [COUNTY]

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Beneficiaries Named in the Will
7. Distributees Entitled to Process (Citation / Waiver)
8. Nomination and Eligibility of Executor
9. Bond
10. Prayer for Relief
11. Verification
12. Notice of Probate / Service of Citation
13. Attachments Checklist

1. CAPTION AND CASE INFORMATION

PROBATE PROCEEDING, WILL OF:

[DECEDENT FULL LEGAL NAME], a/k/a [AKA, if any], Deceased.

2. PETITIONER INFORMATION

To the Surrogate's Court, County of [COUNTY]: It is respectfully alleged:

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____] domiciled in [COUNTY] County, New York.

b. This Court has jurisdiction and venue is proper in [COUNTY] County because the Decedent was domiciled in that county at the time of death (SCPA Article 2; SCPA § 205).

c. ☐ The Decedent was not domiciled in New York at death but left property in [COUNTY] County; venue is proper under SCPA § 206.

d. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] [and codicil(s) dated [__/__/____]], which is herewith presented for probate.

e. The Petitioner is an "interested party" authorized to propound the Will and present this petition under SCPA § 1402.

5. THE WILL OFFERED FOR PROBATE

a. The Last Will herewith presented relates to both real and personal property; it consists of an instrument dated [__/__/____] [and codicil(s) dated [__/__/____]], signed at the end thereof by the Decedent.

b. The Will was attested by the following attesting witnesses, as required by EPTL § 3-2.1:

c. Proof of Will / self-proving status (check one):

☐ The Will contains a self-proving affidavit of the attesting witnesses (SCPA § 1406 affidavit). The Petitioner requests admission of the Will on the basis of the attesting witnesses' affidavit without their personal appearance, pursuant to SCPA § 1406, the proof being otherwise sufficient under SCPA § 1404.

☐ The Will is not accompanied by a § 1406 affidavit; the attesting witnesses will be examined as required by SCPA § 1404.

☐ A separate Affidavit of Attesting Witness (Form P-3) is annexed.

d. The Petitioner believes the Will to be valid and entitled to probate, and that it was duly executed in compliance with EPTL § 3-2.1, the Decedent being of sound mind and not under restraint. The Court may admit the Will only upon being satisfied of its genuineness and valid execution under SCPA § 1408.

e. ☐ The estimated value of the estate is: Personal property $[________________]; Improved real property $[________________]; Unimproved real property $[________________]. (Used to fix the filing fee under SCPA § 2402.)

6. BENEFICIARIES NAMED IN THE WILL

The names and post office addresses of all beneficiaries and fiduciaries named in the Will (and in any other will of the Decedent filed), as required by SCPA § 1402:

7. DISTRIBUTEES ENTITLED TO PROCESS (CITATION / WAIVER)

The following are the distributees of the Decedent (the persons who would take under intestacy, EPTL § 1-2.5 and EPTL § 4-1.1). Each distributee is a necessary party who must either sign a Waiver of Process and Consent to Probate (Form P-4) or be served with a Probate Citation under SCPA § 1403:

☐ A distributee is an infant or person under disability and requires appointment of a guardian ad litem.
☐ The names or addresses of one or more distributees are unknown after due diligence: [________________________________].
☐ To the best of the Petitioner's knowledge, the persons listed above are all the distributees of the Decedent.

8. NOMINATION AND ELIGIBILITY OF EXECUTOR

a. In the Will, the Decedent nominated the Petitioner, [PETITIONER FULL LEGAL NAME], to serve as Executor of the estate.

b. The Petitioner is eligible to receive letters and is not disqualified under SCPA § 707 (e.g., is not an infant, incompetent, non-domiciliary alien serving alone, felon, or person the court finds unfit).

c. Upon the Will being admitted to probate and the Petitioner having duly qualified, Letters Testamentary shall be issued to the Petitioner pursuant to SCPA § 1414.

d. ☐ Co-executors are also nominated: [________________________________]. ☐ A nominated executor renounces or is ineligible, as shown by attached renunciation/proof (SCPA §§ 1416–1417).

9. BOND

a. ☐ Under SCPA § 710(1), no bond is required of an executor unless required by the will or by SCPA § 806 or § 710. The Will does not require a bond; the Petitioner requests that the Executor serve without bond.

b. ☐ The Will is silent as to bond, or the Court directs bond. The Petitioner will furnish a bond in the amount of $[________________] with a corporate surety.

c. ☐ A bond is required notwithstanding any waiver because [a fiduciary is a nonresident / other circumstance the court finds]: [________________________________].

10. PRAYER FOR RELIEF

WHEREFORE, the Petitioner prays that:

a. Process issue to all necessary parties (distributees) required to be served, or that their waivers and consents be accepted in lieu of citation (SCPA § 1403);

b. The Court admit the Decedent's Last Will and Testament dated [__/__/____] [and codicil(s)] to probate as a valid will of real and personal property upon being satisfied of its genuineness and valid execution (SCPA § 1408);

c. Letters Testamentary be issued to the Petitioner as nominated Executor (SCPA § 1414);

d. ☐ Preliminary Letters Testamentary issue to the Petitioner pending probate (SCPA § 1412);

e. Bond be fixed or dispensed with in accordance with the Will and SCPA §§ 710 and 801; and

f. The Court grant such other and further relief as may be just and proper.

11. VERIFICATION

STATE OF NEW YORK, COUNTY OF [COUNTY], ss.:

[PETITIONER FULL LEGAL NAME], being duly sworn, deposes and says: I am the Petitioner in this proceeding; I have read the foregoing petition and know its contents; and the same is true of my own knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Sworn to before me on [__/__/____].

______________________________________
Notary Public
My commission expires: [__/__/____]

12. NOTICE OF PROBATE / SERVICE OF CITATION

a. Service of citation (SCPA § 1403): A Probate Citation shall be served upon each necessary party (distributee) who has not signed a waiver and consent, in the manner and within the time prescribed by SCPA Article 3 (generally not less than 10 days before the return day for personal service within the State).

b. Notice of Probate (SCPA § 1409): The Petitioner shall serve, by mail, a Notice of Probate upon all persons named in the Will (and any prior will filed) who are not otherwise served with process or who have not waived — including beneficiaries, the named trustee(s) and guardian(s), and where required the Attorney General (charitable dispositions) — and shall file proof of such service. No decree admitting the Will to probate shall be entered until proof of such notice is filed unless dispensed with by the Court.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
New York Attorney Registration No.: [________________] (if applicable)
Firm / Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

13. ATTACHMENTS CHECKLIST

☐ Official Surrogate's Court Form P-1 (Petition for Probate)
☐ Original Last Will and Testament [and codicil(s)]
☐ Certified copy of Death Certificate
☐ Form P-3 Affidavit of Attesting Witness, or self-proving affidavit (SCPA § 1406)
☐ Form P-4 Waiver of Process and Consent to Probate (for each consenting distributee)
☐ Probate Citation (for distributees not waiving) — SCPA § 1403
☐ Notice of Probate and Affidavit of Service — SCPA § 1409
☐ Form P-2 Application for Preliminary Letters Testamentary (if requested) — SCPA § 1412
☐ Oath and Designation of the Executor (eligibility under SCPA § 707)
☐ Bond (if required by the will or the court) — SCPA §§ 710, 801
☐ Estate Tax Affidavit / Notice of estate value (for filing fee under SCPA § 2402)
☐ Proposed Decree Granting Probate and Letters Testamentary
☐ Filing fee payment (based on estate value per SCPA § 2402)