Petition To Revoke Letters And Grant Letters DBN (Surrogates Court - County Of NY)

PETITION TO REVOKE LETTERS OF ADMINISTRATION AND GRANT LETTERS OF ADMINISTRATION D.B.N. This form is used to petition the Surrogate’s Court of New York County to revoke previously granted Letters of Administration (which authorize someone to manage a deceased person's estate) and to grant Letters of Administration d.b.n. ("de bonis non"), which is needed when the original administrator can no longer serve and a new administrator must be appointed to complete the estate administration. It includes various details about the petitioner, the decedent, the reasons for revocation, and the proposed new administrator. 1. Petition to Revoke Letters of Administration and Grant Letters of Administration D.B.N.: Purpose: This form is used to request the court to revoke the existing Letters of Administration previously issued to an administrator and to appoint a new administrator, called an administrator de bonis non (D.B.N.), who will complete the unfinished administration of the estate. Use: It is filed when an appointed administrator is no longer able to or suitable to serve (due to incapacity, misconduct, or other reasons), and someone else needs to finish the administration of the estate. 2. Schedule A (Non-Marital Persons): Purpose: This form is used to establish the paternity of non-marital children (children born out of wedlock) in estate proceedings. Use: It helps determine if non-marital children (or their descendants) have the right to inherit from the decedent's estate by providing proof of paternity under New York law (EPTL 4-1.2). 3. Schedule B (Adopted Children): Purpose: This form records information about the decedent's biological issue who were adopted by other families. It ensures that the proper relationships are established for estate distribution purposes. Use: It clarifies whether an adopted child, especially in cases like step-parent adoptions or adoption by family members, has inheritance rights under the decedent's estate. 4. Schedule C (Infants): Purpose: This form collects information about minor children (infants under the law) who may have an interest in the estate. Use: It is used when minors are involved in the estate proceedings, to establish their guardianship or who they reside with. It also gathers details necessary to protect the interests of minors in the estate administration. 5. Schedule D (Persons Under Disability, Other Than Infants): Purpose: This form provides details about any adult person involved in the estate who is under a legal disability (such as being mentally incapacitated or incarcerated). Use: It ensures the court is aware of any beneficiaries or interested parties who may need special considerations due to their disability. It may include whether a guardian or fiduciary has been appointed for them. 6. Schedule D(a) (Distributee Who Post-Deceased the Decedent): Purpose: This form is used to provide information about any distributees (heirs) who passed away after the decedent but before the estate is fully administered. Use: It ensures that the post-deceased distributee’s share of the estate is properly addressed by identifying their fiduciaries or heirs. 7. Waiver and Consent: Purpose: This form allows interested parties to waive their right to be formally served with a court citation and to consent to the relief sought in the petition, such as revoking Letters of Administration and appointing a new administrator. Use: It speeds up the process by allowing parties to voluntarily agree to the terms of the petition without requiring a formal hearing. 8. Citation: Purpose: This is a formal notice issued by the court, calling upon interested parties to appear before the court to respond to a petition. Use: It is used when not all parties consent to the petition, and a court hearing is necessary to resolve disputes or decide whether to revoke Letters of Administration or appoint a new administrator. Each of these forms is essential in managing the procedural complexities of estate administration, particularly when there are contested issues, multiple heirs, or unique legal concerns such as paternity, adoption, or disability. www.FormsWorkflow.com