How to Fill Out New York Form Citation (Surrogate’s Court) + FAQs

A New York Surrogate’s Court Citation is the official court process that orders a named person to appear before the Surrogate and show cause why the relief requested in a related petition (probate, administration, accounting, guardianship, or other estate matter) should not be granted. It is issued by the clerk of the Surrogate’s Court under SCPA Article 3 after a petitioner files an underlying petition and a request for citation, and it carries the same legal weight as a summons in Supreme Court.

Getting the citation wrong is not a small problem. A defective citation can void the entire proceeding, force you to re-serve every distributee or interested party, push the return date back by months, and in probate matters can delay the issuance of Letters Testamentary while estate bills, mortgages, and taxes keep coming due. According to the New York State Unified Court System’s 2024 Annual Report, Surrogate’s Courts statewide processed more than 180,000 new estate filings in the most recent reporting period, and clerks routinely flag citations for errors in respondent names, return dates, and service method.

Here is what this guide will help you do:

• 📜 Understand exactly what the Surrogate’s Court Citation is and which proceeding it belongs to
• 🧾 Gather every document, fee, and piece of information you need before you open the form
• ✍️ Fill out each line of the citation correctly, including the return date and respondent list
• 📬 Serve the citation properly under SCPA 307 and file proof of service on time
• ⚖️ Avoid the field-level mistakes that cause clerks to reject the citation or judges to dismiss the petition

What the Form Is and Who Must File It

The Surrogate’s Court Citation is a court-issued command, not a private notice. The petitioner drafts the citation on the official Office of Court Administration (OCA) template, but the Surrogate’s Court clerk signs and issues it under the seal of the court. Once issued, the citation tells named respondents that a proceeding has started, identifies the relief asked for, and sets a date when they must appear or file objections.

You must file (and serve) a citation any time a person interested in an estate has not signed a waiver and consent. In a probate proceeding under SCPA Article 14, every distributee who is not also a beneficiary, plus any beneficiary under a prior will, must be cited. In an administration proceeding under SCPA Article 10, every distributee with an equal or higher priority right to letters must be cited. In an accounting proceeding under SCPA Article 22, every beneficiary, creditor, and co-fiduciary must be cited.

The form is also used in Article 17-A guardianship proceedings for adults with intellectual or developmental disabilities, in SCPA 2103 turnover proceedings, in compromise proceedings, and in miscellaneous matters. The current OCA citation template is published on the New York Courts forms page. Always confirm the revision date printed in the bottom corner of the form before you file, because OCA updates the template periodically and counties reject outdated versions.

The party who files is called the petitioner. The named recipients are called respondents or cited parties. The petitioner can be an executor named in a will, a surviving spouse seeking letters of administration, a creditor under SCPA 1001, a trustee, a guardian, or even a public administrator. The respondent can be a distributee, beneficiary, creditor, co-fiduciary, or any other person whose property interest will be affected by the court’s decision.

Before You Start: Documents and Information You Need

Walking into the Surrogate’s Court without a packet is the fastest way to leave empty-handed. Clerks will not draft your citation for you, and they will not chase down missing information. Build a complete file before you open the citation template.

Here is the pre-filing checklist:

• Certified death certificate. The court needs proof the decedent died. Without it, the clerk cannot open a file. Order extra copies from the New York State Department of Health because banks and the IRS will also want one.
• Original will (if any). For probate, the original signed will must be lodged with the court. A photocopy will not do. If the original is lost, you must file a lost will petition under SCPA 1407, which changes the citation language.
• List of all distributees with full legal names, addresses, and relationships. Distributees are determined under EPTL 4-1.1. Missing one will void your decree.
• List of all beneficiaries under the will (or prior wills). Each gets cited unless they sign a waiver and consent.
• Estimated gross estate value. Filing fees in Surrogate’s Court are tied to estate size under SCPA 2402.
• Petitioner’s government-issued ID and contact information. The petitioner must sign the verification, and the attorney (if any) must include their attorney registration number.
• Filing fee in the correct amount. Fees range from $45 for estates under $10,000 up to $1,250 for estates of $500,000 or more.
• Proposed return date. Pick a date at least 4–6 weeks out to allow for service deadlines under SCPA 307.
• Underlying petition, fully completed and verified. The citation is meaningless without a petition. The petition supplies the facts the citation references.
• Affidavits of due diligence if any distributee is unknown or cannot be located. Without these, the court cannot authorize service by publication under SCPA 307(3).

If you skip even one item on this list, the clerk will hand the packet back, your return date will slip, and creditors of the estate will keep accruing interest while you scramble.

Where to Get the Form and How to Access It

The official citation template is hosted on the New York Courts Surrogate’s forms page. OCA publishes fillable PDFs for probate citations, administration citations, accounting citations, and miscellaneous citations. Each form has the OCA control number printed in the lower-left corner (for example, P-2 for the probate citation, A-2 for the administration citation, and JA-2 for the judicial accounting citation).

You can also obtain the form in person at any county Surrogate’s Court clerk’s office. In New York City, that means New York County Surrogate’s Court at 31 Chambers Street, Kings County Surrogate’s Court at 2 Johnson Street, Queens County Surrogate’s Court at 88-11 Sutphin Boulevard, Bronx County Surrogate’s Court at 851 Grand Concourse, and Richmond County Surrogate’s Court at 18 Richmond Terrace.

Many counties now require electronic filing through the New York State Courts Electronic Filing (NYSCEF) portal. Under Uniform Rules for Surrogate’s Court § 207.4-a, e-filing is mandatory in designated counties for most estate proceedings. Check the NYSCEF authorized case types chart to see whether your county and your proceeding type require electronic filing.

If you are filing in a county that still allows paper, bring the original citation plus at least two copies. The clerk keeps the original, you keep one copy stamped “filed,” and the process server uses the third copy to serve respondents. Always confirm the revision date at the bottom of the form. A citation drafted on a superseded template can be rejected at intake.

Step-by-Step: How to Fill Out the New York Surrogate’s Court Citation Line by Line

The citation looks short, but every box carries legal weight. Work through it in order, and never paraphrase the official labels printed on the OCA template.

Caption Box 1: County of the Surrogate’s Court

This box asks which county’s Surrogate’s Court has jurisdiction. Write the county where the decedent was domiciled at death, not where the death happened. Under SCPA 205, venue is the county of domicile.

Write the county in all capital letters on the line that reads SURROGATE’S COURT OF THE STATE OF NEW YORK, COUNTY OF _______. For example, Maria Lopez, whose father died while vacationing in Florida but lived in Astoria, writes QUEENS.

A common nuance is dual residency. If the decedent split time between New York and Florida, the petitioner must plead facts showing New York domicile (voter registration, driver’s license, tax filings). The most common mistake is filing in the county where the decedent died rather than where they lived, and the direct consequence is that the court will transfer or dismiss the proceeding under SCPA 206. A misconception many filers hold is that domicile equals the location of the will; it does not. Domicile turns on the decedent’s permanent home with the intent to remain.

Caption Box 2: File Number / Index Number

This box asks for the file number assigned by the clerk. Leave this blank when you first draft the citation. The clerk fills it in when the petition is accepted and the case is opened.

Marcus Chen, drafting a probate citation for his late aunt, leaves the line blank and lets the New York County clerk write 2026-1234/A when the file is opened.

The nuance is amended citations. If you are filing a supplemental or amended citation, you must include the original file number so the clerk attaches it to the correct file. The common mistake is guessing a file number, which causes the clerk to open a duplicate file and create a docket nightmare. The misconception is that the file number is the same as the citation control number printed on the OCA template; it is not.

Caption Box 3: Name of Decedent / Subject of Proceeding

This box asks for the full legal name of the deceased person (or, in a guardianship, the person alleged to be intellectually or developmentally disabled). Write the name in all capital letters exactly as it appears on the death certificate. Include any suffix (JR., SR., III).

Janet Rivera writes EDUARDO RIVERA, SR. because that is how the name appears on the death certificate, even though her father went by Eddie his whole life.

The nuance is aliases. If the decedent owned property under a nickname or maiden name, add also known as (a/k/a) on a separate line so title insurers can match records. The mistake is using a nickname or anglicized version; it can break the chain of title on real estate. The misconception is that the name on the will controls; the death certificate controls.

Citation Heading: “To” Line — Naming the Respondents

This is the most consequential section of the citation. The “To” line lists every respondent who must be served. Write each respondent’s full legal name on its own line, in the order that matches the underlying petition’s SCPA 1403 listing.

For example, Aisha Thompson, petitioning for letters of administration on her brother’s intestate estate, lists To: ROBERT THOMPSON, surviving spouse; SOPHIA THOMPSON, daughter; LIAM THOMPSON, son; THE PUBLIC ADMINISTRATOR OF KINGS COUNTY.

The nuance is unknown distributees. If a distributee cannot be identified or located after due diligence, the petitioner names them as the unknown distributees of [decedent], if any. The mistake is omitting a distributee, even unintentionally; under SCPA 315, an omitted necessary party can later attack the decree and reopen the estate years after it closes. The misconception is that the petitioner can leave out a hostile sibling to “keep peace”; the court will not issue letters until every necessary party is cited or has waived.

Statement of Relief Sought

This paragraph tells the respondent why they have been cited. The OCA template includes pre-printed boilerplate that you must complete with the specific relief from your petition. Reference the underlying petition by date.

Carlos Ramirez, seeking probate of his mother’s will dated January 14, 2019, writes A petition having been duly filed by CARLOS RAMIREZ, who is domiciled at 412 East 119th Street, New York, NY 10035, praying for the probate of a Last Will and Testament dated January 14, 2019, a copy of which is attached.

The nuance is multiple reliefs. If you ask for probate and letters testamentary and preliminary letters under SCPA 1412, every form of relief must be listed. The mistake is using the OCA boilerplate without filling in petition-specific facts; the citation becomes legally deficient. The misconception is that the citation can simply say see attached petition; it cannot, because the citation must stand on its own.

Return Date Line

This line tells the respondent when to appear in court. The clerk usually fills in the return date when the citation is issued, but the petitioner proposes a date. Write the date as MM/DD/YYYY and include the time (usually 9:30 a.m.) and the courtroom or part.

Janet Rivera requests a return date of July 15, 2026, at 9:30 a.m. because that gives her 49 days to serve all four respondents under SCPA 307(1).

The nuance is service deadlines. Personal service inside New York must be completed at least 10 days before the return date. Service outside New York but within the United States needs 30 days. Service outside the United States needs 75 days. The mistake is picking a return date too close to the filing date, which forces re-issuance. The misconception is that the return date is when the respondent must “settle” the matter; it is the date to appear or file objections, not to resolve anything.

Respondent Address Block

For each respondent named on the “To” line, list a current mailing address. Use the respondent’s last known residence. If the respondent is an entity (a bank, a charity, the Public Administrator), use the entity’s principal office.

Marcus Chen lists To: SARAH CHEN, 1450 Ocean Parkway, Apt. 6B, Brooklyn, NY 11230 for his estranged cousin who lives in Midwood.

The nuance is APO/FPO and military addresses. Service on an active-duty servicemember must comply with the Servicemembers Civil Relief Act (SCRA), and the petitioner may need to file an SCRA affidavit. The mistake is using an old or outdated address; service fails, and the proceeding stalls. The misconception is that an email or social media handle is enough; it is not, unless the court orders alternative service under SCPA 307(5).

Attorney Identification Block

If a lawyer represents the petitioner, this block contains the attorney’s name, firm, address, phone, email, and attorney registration number issued by the Office of Court Administration’s Attorney Online Services. If the petitioner is pro se, write Pro Se and supply the petitioner’s own contact information.

Aisha Thompson, filing pro se, writes Pro Se Petitioner: AISHA THOMPSON, 88 Marcus Garvey Blvd, Brooklyn, NY 11221, (347) 555-0148, aisha.thompson@example.com.

The nuance is multiple attorneys or out-of-state counsel. Out-of-state counsel must be admitted pro hac vice under 22 NYCRR § 520.11 before signing. The mistake is omitting the attorney registration number; the clerk will reject the filing on intake. The misconception is that the attorney can sign the citation itself; only the clerk signs the citation, but the attorney signs the request for citation and the verification.

Seal and Clerk Signature Block

This block is reserved for the Surrogate’s Court clerk. Do not sign here. Do not type a name here. Leave the seal area, the clerk signature line, and the issuance date blank.

Carlos Ramirez leaves the bottom of the form blank, and the New York County Surrogate’s Court clerk applies the embossed seal and signs Diana Sanchez, Chief Clerk on the day the citation is issued.

The nuance is electronic seals on NYSCEF filings. In e-filed counties, the clerk applies a digital seal and barcode rather than an embossed stamp. The mistake is the petitioner pre-signing the clerk line, which voids the citation. The misconception is that a notary can substitute for the clerk’s seal; only the court issues the citation.

Verification and Petitioner Signature (on the Underlying Petition)

The citation itself is not signed by the petitioner, but the underlying petition that authorizes the citation must be verified under CPLR 3020. Sign the verification in front of a notary or, in some counties, in front of the clerk. Use your full legal name as it appears on your ID.

Janet Rivera signs Janet M. Rivera in front of a notary at her bank, then attaches the verification to the citation packet.

The nuance is electronic verification on NYSCEF. E-filers can use the NYSCEF authentication system in lieu of a wet-ink notary. The mistake is signing the verification before completing the petition; the notary cannot verify blank facts. The misconception is that the citation alone needs verification; it does not — the petition does.

Three Filled-Out Examples Using Real Scenarios

Scenario 1: Maria Lopez — Probate Citation for Estranged Sibling

Maria is the executor named in her father’s will. Her brother, who was disinherited, must be cited.

Form Section	What Maria Enters
County	QUEENS
File Number	(left blank for clerk)
Decedent’s Name	ANTONIO LOPEZ, a/k/a TONY LOPEZ
To:	RAFAEL LOPEZ, son of decedent
Respondent Address	27-15 Crescent Street, Astoria, NY 11102
Relief Sought	Probate of Last Will dated 06/22/2021 and issuance of Letters Testamentary to Maria Lopez
Return Date	July 22, 2026, 9:30 a.m., Part 1
Attorney Block	Pro Se: MARIA LOPEZ, 31-04 30th Avenue, Astoria, NY 11102, (718) 555-0199
Clerk Signature	(left blank for clerk)

Scenario 2: Aisha Thompson — Administration Citation for Intestate Brother

Aisha’s brother died intestate, leaving a surviving spouse and two minor children. She petitions for letters of administration as the spouse’s nominee.

Form Section	What Aisha Enters
County	KINGS
File Number	(left blank for clerk)
Decedent’s Name	DAVID THOMPSON
To:	ROBERT THOMPSON, surviving spouse; SOPHIA THOMPSON, infant daughter; LIAM THOMPSON, infant son; ATTORNEY GENERAL OF THE STATE OF NEW YORK
Respondent Addresses	Robert: 88 Marcus Garvey Blvd, Brooklyn, NY 11221; Sophia & Liam: same address, c/o Robert Thompson, parent and natural guardian
Relief Sought	Issuance of Letters of Administration on the intestate estate of David Thompson
Return Date	August 5, 2026, 9:30 a.m., Part 2
Attorney Block	Pro Se Petitioner: AISHA THOMPSON, 88 Marcus Garvey Blvd, Brooklyn, NY 11221
Clerk Signature	(left blank for clerk)

Scenario 3: Carlos Ramirez — Judicial Accounting Citation

Carlos, executor of his mother’s estate, files a final accounting and cites all residuary beneficiaries.

Form Section	What Carlos Enters
County	NEW YORK
File Number	2024-0987
Decedent’s Name	ELENA RAMIREZ
To:	DIEGO RAMIREZ, residuary beneficiary; SOFIA RAMIREZ-WALSH, residuary beneficiary; ST. JUDE CHILDREN’S RESEARCH HOSPITAL, charitable residuary beneficiary; ATTORNEY GENERAL OF THE STATE OF NEW YORK (Charities Bureau)
Respondent Addresses	Diego: 1212 Riverside Drive, NY, NY 10027; Sofia: 18 Garden Lane, Westport, CT 06880; St. Jude: 501 St. Jude Place, Memphis, TN 38105; AG Charities Bureau: 28 Liberty Street, NY, NY 10005
Relief Sought	Judicial settlement of the final account of Carlos Ramirez as executor for the period 03/01/2024 to 04/30/2026
Return Date	September 9, 2026, 9:30 a.m., Part 3
Attorney Block	Goldberg & Stern LLP, by Sarah Goldberg, Esq., Atty Reg. #4567890, 100 Park Avenue, NY, NY 10017
Clerk Signature	(left blank for clerk)

How to File the Completed Form

Filing happens in two stages: filing the petition and citation request with the clerk, and then serving the issued citation on the respondents.

Filing channel 1: NYSCEF (electronic). Upload the petition, citation, and supporting affidavits through the NYSCEF portal. Pay the fee by credit card. The clerk issues the citation electronically, usually within 3–7 business days. Save the NYSCEF confirmation email as proof of filing. E-filing is mandatory in many counties under Uniform Rule § 207.4-a.

Filing channel 2: In person. Bring the original plus two copies to the county clerk’s window. For example, the New York County Surrogate’s Court clerk’s office at 31 Chambers Street accepts paper filings during business hours. Pay by certified check, money order, or credit card. The clerk issues the citation the same day or the next business day. Get a stamped “filed” copy for your records.

Filing channel 3: Mail. Mail the packet with a certified check made payable to the Surrogate’s Court Clerk of the relevant county. Include a self-addressed stamped envelope so the clerk can return the issued citation. Processing takes 2–4 weeks. Send the package by USPS Certified Mail with Return Receipt as proof of mailing.

Filing channel 4: Fax. Most counties no longer accept fax filings for petitions and citations because of NYSCEF. Confirm with the county clerk directory before relying on fax.

The filing fee schedule is set by SCPA 2402. Estates under $10,000 pay $45, estates $10,000–$20,000 pay $75, $20,000–$50,000 pay $215, $50,000–$100,000 pay $280, $100,000–$250,000 pay $420, $250,000–$500,000 pay $625, and estates of $500,000 or more pay $1,250. Keep your fee receipt; you cannot get letters without proof of payment.

What Happens After You File

Once the clerk issues the citation, the petitioner (or a licensed process server) must serve every respondent named on it. Service must be completed by the deadlines in SCPA 307: 10 days before the return date for in-state personal service, 30 days for out-of-state service within the U.S., and 75 days for service outside the U.S. The server then signs an Affidavit of Service and files it with the court before the return date.

On the return date, respondents have three options. They can file written objections under SCPA 1410 (in probate) or appear in person to contest. They can sign and file a waiver and consent before the return date, which lets the case proceed uncontested. Or they can do nothing, in which case the court treats them as in default and the petitioner may proceed.

If no one objects, the Surrogate enters a decree. In probate cases, the decree admits the will and the clerk issues Letters Testamentary under SCPA 1414. In administration cases, the clerk issues Letters of Administration under SCPA 1001. In accounting cases, the decree judicially settles the account and releases the fiduciary.

If objections are filed, the case moves into discovery and, eventually, a hearing or trial before the Surrogate. Contested estate cases can take 12–36 months to resolve, which is why getting the citation right the first time matters so much.

Mistakes to Avoid When Filling Out the Form

• Wrong county of venue. Filing in the county of death rather than domicile triggers transfer or dismissal under SCPA 206.
• Missing a distributee. An omitted necessary party can void the decree under SCPA 315.
• Using a nickname for the decedent. Mismatches with the death certificate break the chain of title on real estate.
• Picking a return date too soon. Service deadlines under SCPA 307 cannot be met, and the clerk must reissue the citation.
• Signing the clerk’s line. Only the court signs the citation; pre-signing voids it.
• Forgetting the attorney registration number. Clerks reject the petition on intake.
• Skipping due diligence affidavits for unknown distributees. The court cannot authorize publication service without them.
• Naming infants without a guardian designation. Infants must be served through a parent or guardian, and a guardian ad litem may be needed.
• Listing stale addresses. Failed service forces re-issuance and pushes the return date back weeks.
• Filing on an outdated OCA template. Counties reject citations drafted on superseded forms.
• Forgetting to cite the Attorney General when a charity benefits. The AG Charities Bureau must be cited whenever a charitable interest is at stake.
• Failing to plead specific relief. Generic “see petition” language makes the citation legally deficient.

Do’s and Don’ts

Do’s:

• Do confirm the OCA revision date at the bottom of the form before drafting, because the latest version controls.
• Do list every distributee under EPTL 4-1.1, even hostile ones, to prevent later attacks on the decree.
• Do choose a return date with cushion so service deadlines under SCPA 307 are easy to meet.
• Do use the death certificate name verbatim with any aliases added as “a/k/a.”
• Do save the NYSCEF confirmation as your proof of filing.
• Do hire a licensed process server for out-of-state or hostile respondents to avoid service disputes.

Don’ts:

• Don’t sign the clerk’s line under any circumstances; only the court issues the citation.
• Don’t file in the county of death unless the decedent was also domiciled there.
• Don’t paraphrase field labels from the official template.
• Don’t serve respondents before the clerk issues and seals the citation.
• Don’t omit the Attorney General when a charity or unknown party benefits.
• Don’t email or text the citation to respondents unless the court has ordered alternative service.

Pros and Cons of Filing on Your Own vs. With Help

Pros of filing pro se:

• Saves attorney fees, which in New York estate work commonly run $350–$750 per hour.
• Builds direct familiarity with the SCPA and the estate.
• Faster client-to-court communication; no waiting on counsel’s calendar.
• Lets you control the pace of the proceeding.
• Useful for very small estates handled under SCPA 1301 (small estate affidavit).

Cons of filing pro se:

• One missed distributee can void the entire decree.
• Service mistakes under SCPA 307 are common and time-consuming to cure.
• Pro se filers cannot represent the estate itself; a fiduciary suing on behalf of the estate may need counsel.
• NYSCEF authentication and e-filing rules are unforgiving for first-timers.
• Contested matters quickly outstrip what most non-lawyers can manage.

FAQs

Do I need to file a citation if every distributee signs a waiver?

No. If every necessary party signs a waiver and consent before filing, the petitioner does not need to issue or serve a citation. The proceeding goes forward uncontested.

Can the petitioner sign the citation?

No. Only the Surrogate’s Court clerk signs and seals the citation. The petitioner signs the verified petition and the request for citation, never the citation itself.

Do I write the decedent’s nickname or legal name in the caption?

No. Use the legal name from the death certificate. Add any nickname or maiden name on a separate “a/k/a” line so title records match.

Is the return date the deadline for the respondent to settle?

No. The return date is the date the respondent must appear or file objections. Settlement, if any, happens later.

Do I have to cite a beneficiary who is also the executor?

No. A petitioner who is also the sole beneficiary does not cite themselves, but any other beneficiary or distributee who has not waived must still be cited.

Can I serve the citation by email or text message?

No. Service must follow SCPA 307. Email or social media service requires a separate court order authorizing alternative service.

Do I need to cite the Attorney General if a church inherits?

Yes. Whenever a charitable beneficiary is named, the Attorney General’s Charities Bureau must be cited as a necessary party.

Do I include the file number in Box 2 the first time I file?

No. Leave the file number blank on the initial citation. The clerk assigns and writes it in when the petition is opened.

Is the OCA revision date on the citation important?

Yes. Counties reject citations drafted on superseded templates. Check the bottom corner of the official OCA form before filing.

Can I list a respondent’s P.O. Box instead of a street address?

No. Personal delivery under SCPA 307 requires a physical address. A P.O. Box can supplement, but cannot replace, the residence address.

Do I have to cite a distributee I cannot find?

Yes. Name them as an unknown distributee and file affidavits of due diligence so the court can authorize publication service under SCPA 307(3).

Is NYSCEF mandatory in every county?

No. E-filing is mandatory only in counties designated under Uniform Rule § 207.4-a. Check the authorized case types chart for your county.

Do I list infants by name or through their parent?

Yes. List infants by their full legal name on the “To” line, then serve through a parent or natural guardian, and request a guardian ad litem where required.

Can I use the same citation for probate and administration?

No. Each proceeding type has its own OCA template (P-2 for probate, A-2 for administration, JA-2 for accounting). Using the wrong template causes rejection at intake.