Compulsory Accounting And Related Relief Proceeding Checklist

Compulsory Accounting and Related Relief This Checklist is provided for your convenience while Proceeding Checklist completing the petition and the checklist should not be (see Surrogates Court Form JA-10, rev. 1/2004) returned to the Court.Fill in All Areas On All Pages - Also Mark When Not Applicable When Necessary Strike Any Paragraphs/Sections Which Do Not Apply Check All Forms To Make Sure Venue Is Correct - Appropriate County Is Li sted PET # DESCRIPTION YES NO Does the caption mirror the estate file name and appointee? 1. Is the petitioner a proper party? [see SCPA 2205(2)] Is the petitioner ... a creditor a person interested [see SCPA 103(39)] a public administrator or county treasurer a person on behalf of an infant or child born after the making of the will a fiduciary of a deceased person interested a surety on the bond of the fiduciary a successor fiduciary or a remaining fiduciary a co-fiduciary after the filing of an account and petition for judicial settlement the attorney general of the state where any part of the estate may escheat to the state of New York Is the petitioners name, address and citizenship listed? 2. Is the decedents date of death listed? 3. Is the type of letters, county and date of issuance listed? Is fiduciarys name and address listed? 4. Check that fiduciary has not filed an account. 5. Is the interest of the petitioner and reasons for requesting a compulsor y accounting described? 6. If additional relief other than a compulsory accounting is requested, ar e the names, addresses and nature of interest of all parties listed? [see SCPA 2206(2)] Under WHEREFORE Clause: has all relief requested been checked and completed? Has any relief not applicable been struck out? COMP-ACTG-CHK release 8/9/04 Page 1 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 PET # DESCRIPTION YES NO Is petition dated, signed, verified, properly notarized (including proper jurat and expiration date of notarys commission)? Is attorneys name, address and phone number listed? Has Part 130 Certification been completed? if NOT, has a separate attorney certification as to Part 130 signing requirements been included? If forms are computer generated, has a certification pursuant to Court R ules 207.4 been attached? SCPA/EPTL FEE SCHEDULE or Rule # Has the proper fee been included with the petition? 2402 Filing fee is according to SCPA 2402(8)(a) $30.00 Form SCPA/EPTL COMMENTS AND COURT NOTES Number or Rule # When On Courts own motion or by petition of proper party. 2205 Permitted Forms Always Petition for a Compulsory Accounting and Related Relief JA-10 Required Compulsory Accounting Citation JA-9 Forms or Order Directing Compulsory Accounting Documents Affidavit of Service of Citation Sometimes Copy of Supreme Court Order (proof of disposition of the Required matter must be provided: withdrawal, discontinuance, order transferring action/part of action, etc.) Proposed Citation must include all relief requested in petition wherefore clauses. Proofs of Service of Citation must be filed with the Court at least two (2) working days before the return date. Documents signed by Power of Attorney - prdeovi certified copy of POA and comply with Section 13-2.3 EPTL and 207.48 Uniform Rules. Check to be certain all documents are properly acknowledged. THIS MATERIAL IS PROVIDED FOR INFO RMATIONAL/TRAINING PURPOSES ONLY. It is intended for use in conjunction with review of the applicable statutes and rules of the Surrogates Court and the Surrogates Court Operations Manual. COMP-ACTG-CHK release 8/9/04 Page 2 American LegalNet, Inc. www.USCourtForms.com