Ancillary Probate Proceeding Checklist

<document>COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Ancillary Probate Proceeding ChecklistCalendar No.(see Surrogate's Court Form AP-1, 12/97, rev. 4/98)JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)NOTE: An ancillary probate may be used when a non-domiciliary leaves real and/or personal property which needs to be administered under NYS law and there has been probate in the foreign (domiciliary) jurisdiction.Fill In All Areas On All Pages -Also Mark When Not Applicable When Necessary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Check All Forms To Make Sure Venue Is Correct -Appropriate County Is ListedCHECK: IS THE ATTORNEY OF RECORD LICENSED TO PRACTICE IN THE STATE OF NEW YORK?THE PEOPLE OF THE STATE OF NEW YORK TOPET¶ #DESCRIPTIONYESNOIs the captioned name the same as the signature on the Will and ¶2 of the petition? If A/K/A's are they listed in the caption and also under ¶2 of the petition? Has the type of Letters been checked?GREETINGS:WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,1.Is the petitioner the person expressly appointed in the Will as executor with respect to property located in this State or his/her designee? (see SCPA §1604) If Not:located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomIs petitioner the fiduciary appointed to act in the domiciliaryjurisdiction or his/her designee?Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.If Not:Is petitioner the person acting in the domiciliary jurisdiction toadminister and distribute the testator's estate?Is petitioner a person entitled to letters of administration c.t.a. orIf Not:, one of the Justices of thehis/her designee? (see SCPA §1418)Court in Witness, Honorableday of, 20 County,If Not:Is petitioner a creditor, public administrator (County Treasurer) orperson interested or to whom letters may issue? (see SCPA §1609.1)(Attorney must sign above and type name below)Attorney(s) forNOTE: Non-domiciliary alien executor, though ineligible to act in this jurisdiction (unless said executor has a co-executor who is a citizen), has a right to designate an ancillary fiduciary. (see SCPA §707 and §1608) 2.Verify information set forth in Authenticated documents from foreign state. NOTE: Exemplified/Authenticated Record should include copies of Will, Decree or Order Admitting Will to probate in the foreign (domiciliary) jurisdiction, and Letters issued thereon in the foreign jurisdiction (if the issuance of Ancillary Letters are being requested). (see SCPA §1614 and CPLR §4540)Office and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comANCP-CHK release 7/14/03 PAGE 1COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.PETCalendar No.¶ #DESCRIPTIONYESNOJUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)NOTE: Exemplifications and/or authenticated documents must be unaltered -i.e. should not be unstapled to photocopy and should not be attached to petition. 2 cont.NOTE: Documents filed in a foreign language shall be accompanied by an English translation and an affidavit by the translator stating his/her qualifications and that the translation is accurate. [see CPLR §2101(b)]. 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .THE PEOPLE OF THE STATE OF NEW YORK TOGREETINGS:Verify again that all information set forth is as indicated in the Authenticated documents from foreign state. NOTE: If petition indicates that time has not yet passed for Will to be subject to contest under the laws of the foreign state, do not admit to ancillary probate, hold in abeyance until such time as verification from foreign Court is filed indicating that time has passed and it is not being contested.NOTE: Bond of Ancillary Fiduciary may be required. [see SCPA §801(c)(ii)] 4a.Is all the New York State property listed with complete address, description and value?WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County ofVerify jurisdiction at this time with property situate in your County, real or personal. (see SCPA §206)o'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomYour failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.All items must be completed. If non-applicable, please indicate. NOTE: Filing fee on Ancillary Probate is based on the value of New York Property only. (see SCPA §2402) 4b., one of the Justices of theCourt in Witness, Honorableday of, 20 County,If cause of action is listed complete details must be included; if none, so state. (See note at beginning of instructions regarding exemplified or authenticated copies of records from foreign Court.) 5.Issue citation for service on Interested parties listed here as set forth in form (unless waivers and consents to ancillary probate have been submitted).(Attorney must sign above and type name below)Always Cite the New York State Department of Taxation and Finance (see SCPA §1609.3) UNLESS a Notice of Appearance and Consent by Tax Commissioner has been filed with Stipulation Reserving Domicile. If Letters Are Requested Cite: 1) Domiciliary (New York State) Creditors or those claiming to be creditors; 2) Those entitled to letters or entitled to designate an appointee. (see instructions on item 1 this checklist for those entitled to letters -SCPA §1604)Attorney(s) forOffice and P.O. Address6.Only beneficiaries who reside in New York State (domiciliary beneficiaries) and who are named in the Will/Codicil being offered for Ancillary Probate