Probate Proceeding Checklist

<document>COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Probate Proceeding ChecklistCalendar No.(see Surrogate's Court Form P-1, rev. 12/98)JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)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 ListedPET¶ #DESCRIPTIONYESNO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Is the captioned name the same as the signature on the Will and ¶2 of petition? If A/K/A's, are they listed in the caption and also under ¶2 of petition? Has the type of Letters been checked?THE PEOPLE OF THE STATE OF NEW YORK TO1.(a)Is the name of each fiduciary the same as in Will?GREETINGS:the nominated executor alternate executor or person eligible under SCPA §1402 or 1418 (adm. c.t.a.)If NO, does petitioner explain why? Is the petitioner ...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 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 roomNOTE: A Non-domiciliary alien is ineligible to be sole fiduciary (SCPA §707)1.(b)If an attorney and sole executor: has an affidavit been filed pursuant to Court Rules §207.16(e)?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.Has SCPA §2307-a been complied with?2.(a)Is the name of the decedent the same as the signature on Will?, one of the Justices of theAre all A/K/A's listed?Court in Witness, Honorableday of, 20 County,2.(b)(Attorney must sign above and type name below)Does date of death agree with death certificate? Certified death certificate and obituary (if available) to be filed with petition 2.(c)Is the place of death the same as that listed on death certificate?Attorney(s) for2.(d)Is the address on petition and death certificate the same? this county?If NOT, has an explanatory affidavit with proofs of domicile been filed? (SCPA §206 &amp; 208)Office and P.O. Address2.(e)If decedent was a non-domiciliary of the State, has an affidavit been filed pursuant to SCPA §1605 showing ...Telephone No.: Facsimile No.: E-Mail Address:(1) no original probate or administration proceeding has been or will be filed in anyother jurisdictionMobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comP-CHKLST release 7/14/03PAGE 1COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.PET¶ #DESCRIPTIONYESNOJUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)(2) statement that testator did not leave any probatable assets in his/her domiciliary2.(e) cont.jurisdiction (3) statement that testator left probatable assets in this jurisdiction (4) statement listing the distributees in the domiciliary jurisdiction or that they arethe same as under New York State Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .NOTE: Does all information provided under ¶2 agree with death certificate; if not, has an explanatory affidavit been provided? Check that marital status is correct; submit divorce decree if requested by the court.THE PEOPLE OF THE STATE OF NEW YORK TOMake sure that original will and codicil are filed with affidavit(s) of attesting witnesses or necessary documents requesting that the affidavits be dispensed with are filed. (With one surviving witness submit form P-8; if all witnesses are deceased submit forms P-8 and P-9 for one witness and P-9 for decedent.)GREETINGS:3.Are dates listed correctly for Will and Codicils? Are all witnesses listed correctly? If necessary -did witnesses see original will or a court-certified copy?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 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 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.see SCPA §1406(2) Is affidavit of comparison with copy of will (&amp; codicils) submitted? NOTE: Witnesses may not notarize each other's signatures on witness depositions. 4.Answered NONE or specified? 5.NOTE: Distributee: Any person entitled to take/share in property under EPTL §4-1.1 and 4-1.2. Has the number of survivors been listed? Has NO been inserted in all prior classes? Has an X been inserted in all subsequent classes? NOTE: If alleged that the decedent was survived by no distributee or only one distributee or where the relationship of distributees to the decedent is grandparents, aunts, uncles, first cousins or first cousins once removed, has an Affidavit of Heirship been submitted -see Court Rules §207.16(c)., one of the Justices of theCourt in Witness, Honorableday of, 20 County,(Attorney must sign above and type name below)Attorney(s) forOffice and P.O. Address6.(a)Are all distributees (who are of full age and sound mind) listed with the required information? (Court needs Form P-4 [Acknowledged Waiver of Process/Consent to Probate] see SCPA §401(4), or proposed citation for each person listed under 6(a). Provide copy of death certificate or date of death for any deceased distributee.) note-Administrator c.t.a. see SCPA §1418 -use waiver P-11.Telephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comP-CHKLST release 7/14/03PAGE 2COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.PET¶ #DESCRIPTIONYESNOJUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)Is each person designated as primary executor listed? Are all persons adversely affected by the purported exercise by such Will of any6.(a) cont.power of appointmen