What is the New York form for a petition for probate?

The Unified Court System publishes form P-1, Petition for Probate (03/18), which also asks for letters testamentary, letters of trusteeship, letters of administration c.t.a. or temporary administration. The statute speaks of a petition for the probate of a will (SCPA 1402). The court's form controls, and the UCS pages do not describe it as mandatory statewide, so confirm with the Surrogate's Court clerk.

Which New York court handles probate?

The Surrogate's Court of the county where the decedent was domiciled, which the UCS describes as the county of the decedent's primary residence. It is a judge-run court in each county, not a clerk or register.

Is there a deadline to file a will for probate in New York?

The Surrogate's Court clerk can advise about timing to offer a will or seek letters. If a will is on file and probate is not started within a reasonable time or diligently pursued, the court may grant letters of administration instead (SCPA 1001(9)). The clerk can also advise about delivering an original will.

Does the executor named in a New York will have authority right away?

No. Nobody has authority over estate assets until the court appoints a fiduciary and letters issue. A named executor petitions under SCPA 1402(1)(a), and the court applies its qualification rules, so appointment is not guaranteed.

Who must be notified when probating a will in New York?

Before letters, process by citation must issue to the decedent's distributees and the executors named in the will, plus beneficiaries adversely affected by another instrument, if they are not petitioners (SCPA 1403(1)). A person may instead sign a waiver of process. Service is at least 10 days before the return day within New York, 20 days elsewhere in the United States and 30 days in all other cases (SCPA 308(1)(a)).

How long do creditors have to make claims against a New York estate?

New York does not require an executor to publish creditor notice. If a claim is not presented within 7 months from the date letters first issue, the fiduciary is not chargeable for assets paid in good faith before it was presented (SCPA 1802). That protects the fiduciary and is not a bar on the creditor. For an administrator, the court may require publication of a notice to creditors once a week for 4 consecutive weeks (SCPA 805(2)).

Can a nonresident serve as executor in New York?

A nonresident United States citizen is not barred. A non-domiciliary noncitizen is ineligible unless serving with at least one New York resident co-fiduciary or as a foreign guardian (SCPA 707(1)(c)). A non-domiciliary named executor must give a bond even if the will does not require one (SCPA 710(2)).

Does a New York executor have to post a bond?

Not unless the will or the court requires one, and a non-domiciliary named executor must give a bond even if the will excuses one (SCPA 710). An administrator, temporary administrator or administrator c.t.a. must file a bond before letters, but the court may dispense with it or reduce it on the acknowledged consents of all interested persons, or where the appointee is entitled to the whole estate (SCPA 805(1)).

Do I have to probate an estate in New York?

Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside it, and small estates may qualify for voluntary administration under SCPA Article 13 using form SE-3A. Whether a particular estate qualifies depends on its assets, so check the small-estate-affidavit page or ask the Surrogate's Court clerk.

What if someone challenges the will or who should serve in New York?

An objection to probate or a challenge to who should serve is a separate proceeding in the Surrogate's Court. Objections to probate are due by the return day or within 10 days after an examination is completed (SCPA 1410). Attorney review is available.

New York Petition for Probate

New York opens an estate in the county Surrogate's Court on a Petition for Probate, and heirs must be cited or sign waivers before the will is admitted.

Find out where you stand in New York

Where are you in the probate process?

DocDraft provides document preparation, not legal advice.

Introduction

In New York, an estate with a will is opened in the Surrogate's Court of the county where the decedent was domiciled, on a Petition for Probate. The Unified Court System publishes form P-1 (03/18) for it, and the same petition asks for letters testamentary, letters of trusteeship, letters of administration c.t.a. or temporary administration. An estate with no will uses a Petition for Letters of Administration, form A-1 (03/18). The court's form controls, and the draft petition below is a working copy. Nobody has authority over estate assets until the court appoints a fiduciary and letters issue, and being named executor does not by itself give that authority. Before the will is admitted, process by citation must issue to the decedent's distributees, the executors named in the will and beneficiaries adversely affected by another instrument, if not petitioners, unless they sign a waiver of process. A citation is served at least 10 days before the return day if served in New York, 20 days if served elsewhere in the United States, and 30 days in all other cases. New York sets no creditor notice for an executor, and the 7 month period under SCPA 1802 protects the fiduciary rather than cutting off creditors. Not every estate needs probate: assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside it, and small estates may use voluntary administration. A will contest or a dispute over who should serve is a separate proceeding. Attorney review is available.

Key Things to Know

1
File a Petition for Probate (UCS form P-1, 03/18) in the Surrogate's Court of the county where the decedent was domiciled. With no will, file a Petition for Letters of Administration (form A-1, 03/18). The court's form controls, and the draft petition on this page is a working copy.
2
Nobody has authority over estate assets until the court appoints a fiduciary and letters issue. Being named executor in the will does not by itself give that authority, and no one should distribute, pay heirs or sell estate property before appointment.
3
The Surrogate's Court clerk can advise about timing for offering a will or seeking letters, and about delivering an original will. If a will is on file and probate is not started within a reasonable time or diligently pursued, the court may grant letters of administration, and on order of the court the Public Administrator or County Treasurer may petition (SCPA 1001(9), 1402(1)(d)).
4
The named executor petitions under SCPA 1402(1)(a). With no executor, letters of administration c.t.a. go to a sole beneficiary, then residuary beneficiaries, then other interested persons, then the Public Administrator (SCPA 1418). With no will, the order is spouse, children, grandchildren, either parent, brothers or sisters, then other distributees (SCPA 1001(1)). The court decides and appointment is not guaranteed.
5
A nonresident United States citizen is not barred. A non-domiciliary noncitizen cannot serve unless serving with a co-fiduciary who lives in New York or as a foreign guardian (SCPA 707(1)(c)). A non-domiciliary named executor must give a bond even if the will excuses one (SCPA 710(2)). Every fiduciary files a designation of the court clerk to receive service of process (SCPA 708(1)).
6
Process by citation must issue to the distributees, the named executors and beneficiaries adversely affected by another instrument, if not petitioners, before the will is admitted, served at least 10 days before the return day within New York, 20 days elsewhere in the United States and 30 days in all other cases (SCPA 1403(1), 308(1)(a)). Objections are due by the return day or within 10 days after an examination ends (SCPA 1410). There is no automatic creditor notice for an executor; if a claim is not presented within 7 months from the date letters first issue, a fiduciary is protected for payments made in good faith before it was presented, but that does not bar the creditor (SCPA 1802), and the court may require creditor notice from an administrator (SCPA 805(2)).
7
An executor needs no bond unless the will or the court requires one, but an administrator must give a bond unless the court dispenses with or reduces it on the consent of all interested persons, or dispenses with it because the appointee takes the whole estate (SCPA 710, 805(1)). No bond is required if the assets do not exceed the small-estate amount (SCPA 801(1)(a)). Not every estate needs probate: New York offers voluntary administration under SCPA Article 13 for small estates, and non-probate transfers may apply. See the DocDraft small-estate-affidavit page.

Key decisions before you file

Before you file a Petition for Probate in New York, a few decisions shape the document: which option to choose and what each one means. The Petition for Probate guide walks through them.

Open the Petition for Probate guide

Customize your Petition for Probate Template with DocDraft

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

PROBATE PROCEEDING, WILL OF [DECEDENT FULL NAME], Deceased

PETITION FOR PROBATE

This is a working draft of the information asked for by UCS form P-1, Petition for Probate (03/18). The court's form controls.

TO THE SURROGATE'S COURT:

The petitioner, [PETITIONER FULL NAME], residing at [PETITIONER ADDRESS], is a citizen of [COUNTRY OF CITIZENSHIP] and is [RELATIONSHIP OR INTEREST, FOR EXAMPLE EXECUTOR NAMED IN THE WILL OR LEGATEE]. The petitioner is a [RESIDENT OR NONRESIDENT] of New York.

THE DECEDENT

[DECEDENT FULL NAME] died on [DATE OF DEATH] at [PLACE OF DEATH]. At death the decedent was domiciled at [DOMICILE ADDRESS], in the County of [COUNTY], State of New York, and was a citizen of [COUNTRY OF CITIZENSHIP].

THE WILL

The decedent left a will dated [DATE OF WILL]. The original will is [FILED WITH THIS PETITION OR DESCRIBE WHERE IT IS HELD]. The will [WAS OR WAS NOT] executed with an attestation clause and affidavit of the attesting witnesses, namely [WITNESS NAMES]. [IF APPLICABLE: The decedent left the following codicils, dated [CODICIL DATES].]

DISTRIBUTEES AND OTHER PERSONS TO BE CITED

The names, relationships and post-office addresses of the decedent's distributees, of the executors named in the will, and of each beneficiary adversely affected by any other instrument are:

[IF APPLICABLE: The following persons are beneficiaries under the will: [NAMES, RELATIONSHIPS AND ADDRESSES].]

THE ESTATE

The decedent left personal property with an estimated value of $[AMOUNT] and real property in New York with an estimated value of $[AMOUNT], as the court's form asks.

THE PROPOSED FIDUCIARY

The will names [NAME OF EXECUTOR] as executor. [HE, SHE OR THEY] [IS OR IS NOT] a domiciliary of New York and is eligible to receive letters. The proposed fiduciary will file the designation of the clerk of the court to receive service of process. [IF APPLICABLE: The named executor is a non-domiciliary and will give a bond.] [IF APPLICABLE: The will requires a bond or excuses a bond.]

RELIEF REQUESTED

The petitioner asks that process issue to the persons named above, or that waivers of process be accepted; that the will be admitted to probate; and that letters testamentary issue to [NAME OF EXECUTOR], upon qualification. [IF APPLICABLE: The petitioner also requests temporary administration because of an urgent need for the following reason: [REASON FOR URGENT NEED].]

No person has authority over the estate until the court appoints a fiduciary and letters issue.

[SIGNATURE OF PETITIONER] [PRINTED NAME] [DATE]

VERIFICATION

STATE OF NEW YORK, COUNTY OF [COUNTY], ss.: The petitioner, being duly sworn, says that the petitioner has read this petition and knows its contents, and that it is true to the petitioner's own knowledge, except as to matters stated on information and belief, and as to those matters the petitioner believes it to be true.

[SIGNATURE OF PETITIONER] Sworn to before me on [DATE] [NOTARY PUBLIC]

New York Requirements for Petition for Probate

Surrogate's Court of the Domicile County
The petition is filed in the Surrogate's Court of the county where the decedent was domiciled, a judge-run court in each county, which the Unified Court System describes as the county of the decedent's primary residence.
UCS Form P-1 Petition for Probate
The Unified Court System publishes form P-1 (03/18) for probate and letters; with no will, form A-1 (03/18). The court's form controls, and its pages do not describe it as mandatory statewide.
Petition Contents
The petition alleges the citizenship of the petitioner and the testator, describes the will, and sets out the names and post-office addresses of all persons required to be cited (SCPA 1402(2)).
Citation to Distributees and Executors
Process must issue to the distributees, the executors named in the will and beneficiaries adversely affected by another instrument, if not petitioners, unless they sign a waiver; service is at least 10 days before the return day in New York, 20 days elsewhere in the United States and 30 days otherwise (SCPA 1403(1), 308(1)(a)).
Priority and Nonresident Rules
A noncitizen non-domiciliary may serve only with a New York resident co-fiduciary or as a foreign guardian, and a non-domiciliary executor must bond; every fiduciary designates the court clerk for service of process (SCPA 707(1)(c), 710(2), 708(1)).
7 Month Fiduciary Safe Harbor
If a claim is not presented within 7 months from the date letters first issue, a fiduciary is not chargeable for claims or legacies paid in good faith before it was presented; it does not bar the creditor (SCPA 1802).
Bond Default Rules
An executor gives no bond unless the will or the court requires one; an administrator must bond, but the court may dispense with or reduce it on the consent of all interested persons, or dispense with it where the appointee takes the whole estate (SCPA 710, 805(1)). No bond is required if the assets do not exceed the small-estate amount (SCPA 801(1)(a)).
No Authority Until Letters Issue
No one may act for the estate until the court appoints a fiduciary and letters issue; a named executor may also renounce by an acknowledged instrument filed in the court (SCPA 1417).

Find out where you stand in New York

Introduction

Key Things to Know

Key decisions before you file

Customize your Petition for Probate Template with DocDraft

New York Requirements for Petition for Probate

Surrogate's Court of the Domicile County

UCS Form P-1 Petition for Probate

Petition Contents

Citation to Distributees and Executors

Priority and Nonresident Rules

7 Month Fiduciary Safe Harbor

Bond Default Rules

No Authority Until Letters Issue

Frequently Asked Questions