New York Letters of Administration with Will Annexed (also called Letters of Administration c.t.a.) is the Surrogate’s Court document that gives a court-appointed administrator the legal power to settle a deceased person’s estate when there is a valid will but no executor able or willing to serve. You file the petition on OCA Official Form P-1, revised in 2023, at the Surrogate’s Court in the county where the decedent lived.
According to the New York State Unified Court System, Surrogate’s Courts process tens of thousands of probate matters each year, and roughly 1 in 5 petitions get bounced back for missing distributee information or incorrect fee calculation. Filing the form right the first time can save you 3 to 6 months of delay and hundreds of dollars in republication and amendment costs.
Here is what you will learn:
- 📜 What Letters of Administration c.t.a. actually do and who has priority under SCPA §1418
- 🧾 Every document and ID number you must gather before you open Form P-1
- ✍️ Line-by-line entries for the petition, including the Schedule of Assets and distributee list
- 🏛️ How to file through NYSCEF, in person, or by mail in any of the 62 counties
- ⚠️ The 10 most common mistakes that trigger a citation or a bond requirement you did not expect
This guide walks you through the entire process in plain English. It is built for grieving family members, named beneficiaries, and pro se filers who want a court-ready petition without guessing.
What the Form Is and Who Must File It
Letters of Administration with Will Annexed is the legal authority granted by the Surrogate’s Court when a decedent left a valid will, but the named executor cannot or will not serve. The administrator c.t.a. (short for cum testamento annexo, Latin for with the will attached) takes the executor’s place and follows the directions in the will. The petition is governed by SCPA Article 14 and the appointment priority is set by SCPA §1418.
You must file this petition when the will names no executor, the named executor has died, renounced, been disqualified, or simply refuses to act. The same is true when every alternate executor named in the will is unavailable. The court will not appoint anyone on its own; a qualified person must petition.
Priority under SCPA §1418 runs in this order: the sole residuary beneficiary, then co-residuary beneficiaries together, then any other beneficiary, then a fiduciary of a deceased beneficiary, and finally a public administrator or creditor. A petitioner lower in priority must obtain renunciations from everyone above them on the list. Misreading priority is the single fastest way to have a petition rejected by the Surrogate’s Court Clerk.
The form is not the same as a regular probate petition (OCA Form P-1 used for executors) or Letters of Administration for someone who died intestate (Form A-1). The court uses the same P-1 form number for both probate and c.t.a. petitions, but you check a different box on page 1 to signal which relief you want.
Before You Start: Documents and Information You Need
Gather every document below before you open the petition. Missing even one item is the most common reason petitions stall at the clerk’s window.
- Certified death certificate issued by the New York State Department of Health or the local registrar. Without it, the court cannot confirm jurisdiction.
- Original will and any codicils. Photocopies are never accepted for probate; the original must be deposited with the court.
- Names, addresses, and ages of all distributees (the people who would inherit if there were no will), required under SCPA §1403. Missing a distributee voids the citation.
- Names and addresses of all beneficiaries named in the will, including charitable organizations and their EINs.
- Renunciations and waivers from everyone with higher priority under SCPA §1418, signed and notarized.
- Estimated value of estate assets broken into personal property and real property. This drives the filing fee under SCPA §2402.
- Decedent’s Social Security number and last address. The court uses these for venue and for tax clearance checks.
- Petitioner’s photo ID and current address for the oath and designation of clerk.
- Funeral bill or paid receipt if you want priority reimbursement.
- Any prior court papers filed in another state or county for the same decedent.
Each missing item has a direct consequence. No death certificate means no jurisdiction. No original will means no probate. No distributee list means no valid citation, which means the petition cannot proceed even after fees are paid.
Where to Get the Form and How to Access It
The official petition is OCA Form P-1, available as a fillable PDF on the New York Courts website. Always download a fresh copy for each filing because the form is updated regularly, and clerks reject older revisions. Confirm the revision date in the bottom-left corner before you start typing.
You can also pick up paper copies at any Surrogate’s Court clerk’s office. New York County (Manhattan) is at 31 Chambers Street, Kings County (Brooklyn) at 2 Johnson Street, Queens at 88-11 Sutphin Boulevard, Bronx at 851 Grand Concourse, and Richmond at 18 Richmond Terrace. Each upstate county has its own courthouse listed on the court locator.
Most counties now require electronic filing through NYSCEF under 22 NYCRR §207.4-a. To e-file, you create a NYSCEF account, upload a PDF of the completed petition with all attachments, and pay by credit card. Counties that still allow paper filing include some smaller upstate jurisdictions; call the clerk before driving in.
The form itself is 12 to 16 pages depending on the number of distributees and beneficiaries. It includes the Petition, Schedule A (assets), Schedule B (debts and funeral expenses), the Affidavit of Heirship, the Notice of Probate, and the Oath and Designation. Print all schedules even if some are blank, because the clerk will flag the file as incomplete otherwise.
Step-by-Step: How to Fill Out Form P-1 Line by Line
The petition is organized into a caption, paragraphs numbered 1 through 9, schedules, and signature blocks. Work through each in the order printed on the form. Use black ink if you fill it out by hand, or type directly into the PDF fields if you e-file.
Caption: County and Index Number
The top of page 1 asks for the County of the Surrogate’s Court and the File No. (also called the index number). Venue is set by SCPA §205 and is the county where the decedent was domiciled at death, not where they died.
Write the county in all caps, such as KINGS or NEW YORK. Leave the File No. blank if you are filing fresh; the clerk assigns it when you pay the fee. If you already have an index number from a prior filing on the same estate, type it exactly as shown on the receipt.
Aisha Mensah, a Brooklyn resident petitioning for her late mother who lived in Queens, writes QUEENS even though Aisha lives in Kings. Filing in the wrong county is the most common venue error, and the clerk will not transfer the case for you; you must withdraw, refund minus a fee, and refile.
A common misconception is that you file where the decedent owned property. That is wrong. Domicile (the decedent’s true, fixed, permanent home) controls, not real estate location.
Paragraph 1: Petitioner Information
Paragraph 1 asks for the petitioner’s full legal name, mailing address, relationship to the decedent, and the capacity in which they petition. Capacity matters: you must state whether you are the sole residuary beneficiary, a co-residuary beneficiary, a non-residuary beneficiary, or a creditor.
Write the name as it appears on your government ID. Use a street address; a P.O. Box alone is not acceptable for service. For relationship, use exact terms like daughter, son, spouse, nephew, or named beneficiary, not related by blood. For capacity, copy the exact priority class from SCPA §1418.
Marcus Reilly writes Marcus J. Reilly, 412 Bergen Street, Brooklyn, NY 11217, son of decedent and sole residuary beneficiary under Article Fifth of the Will. That single sentence answers all four sub-questions.
The most common mistake here is listing only a relationship without naming the priority class. The clerk cannot tell whether you have standing without the class. The consequence is a request for amendment, which delays appointment by 2 to 4 weeks.
A frequent misconception is that being named in the will automatically gives you priority. It does not. Residuary beneficiaries outrank specific legatees under §1418, regardless of dollar amount.
Paragraph 2: Decedent Information
This paragraph requires the decedent’s full name, any aliases (also known as or AKA), date of death, place of death, domicile at death, citizenship, and Social Security number. Pull every fact from the certified death certificate.
Enter the name exactly as on the death certificate, then list aliases from the will and any deeds in a separate line. Date of death uses MM/DD/YYYY format. Place of death is the address or facility; domicile is the residence at death. SSN is written with dashes (XXX-XX-XXXX).
Carlos Vega fills this in for his late grandfather: Esteban Vega, a/k/a Steve Vega, a/k/a Esteban R. Vega, died 03/14/2026 at Mount Sinai Hospital, 1468 Madison Avenue, New York, NY 10029, domiciled at 220 East 119th Street, New York, NY 10035, U.S. citizen, SSN 123-45-6789.
Missing an AKA is the field’s classic error. Banks and county clerks rely on the petition to release accounts and clear title, and if the deed says Steve Vega but the petition only says Esteban, the title company will refuse to clear. You then need a supplemental petition.
People often think the SSN is optional because of privacy concerns. It is not. The court requires it for tax clearance and to confirm Social Security Administration records.
Paragraph 3: The Will
Paragraph 3 confirms a will exists, states the date it was executed, identifies any codicils, and asks whether the original is being offered for probate with the petition. You must also list the witnesses and their addresses.
Write the will execution date in MM/DD/YYYY format. For codicils, list each date. Check the box stating the original will is annexed. Then list each subscribing witness with full name and last known address.
Janet Okafor writes: Last Will and Testament dated 06/22/2018, with one Codicil dated 11/04/2021. Original Will and Codicil annexed. Witnesses: Priya Shah, 55 Water Street, New York, NY 10041; David Klein, 1200 Avenue of the Americas, New York, NY 10036.
The most common mistake is not listing every witness, including those who have since died. If a witness is deceased, write deceased after their name. The consequence of leaving them off is a citation that must be republished, costing $150 to $400 in additional publication fees.
A misconception is that a self-proving affidavit eliminates witness identification. It does not. You still must list witnesses; the affidavit only shortens proof.
Paragraph 4: Reason an Executor Cannot Serve
This paragraph is the heart of a c.t.a. petition. State exactly why no executor named in the will is able or willing to serve. Reasons include death, renunciation, disqualification (felony conviction, incompetence, non-resident alien under SCPA §707), or failure to qualify within a reasonable time.
Write one sentence per named executor and alternate. Attach a death certificate for any deceased executor and a notarized renunciation (OCA Form RA-1) for any living one. Cite the specific subsection of §707 if disqualification applies.
Esteban Vega’s will named his brother Luis as executor and his daughter Sofia as alternate. Carlos writes: Luis Vega, named executor, predeceased the decedent on 09/01/2025 (death certificate annexed). Sofia Vega, named alternate, executes the annexed Renunciation dated 04/12/2026.
A common mistake is to say the executor does not want to serve without filing the renunciation form. The court treats unsigned statements as hearsay. The consequence is that the named executor remains the only person who can be appointed until they formally renounce.
People often think a verbal renunciation is enough. It is not. SCPA §1417 requires a written, acknowledged renunciation filed with the court.
Paragraph 5: Distributees
Distributees are the people who would inherit under EPTL §4-1.1 if there were no will. You must list every one regardless of whether they take under the will, because they have a right to notice.
For each distributee, list name, relationship, age (or adult if over 18), and complete address. If a distributee is under 18, list the guardian. If incapacitated, list the guardian ad litem. If unknown after diligent search, state unknown after diligent search and describe the search in the Affidavit of Heirship.
Marcus Reilly lists his mother’s distributees: Marcus J. Reilly, son, adult, 412 Bergen Street, Brooklyn, NY 11217; Eleanor Reilly-Park, daughter, adult, 9 Crescent Drive, Larchmont, NY 10538; Thomas Reilly, son, minor age 14, c/o guardian Marcus J. Reilly, same address.
The most common error is omitting a distributee because they were left out of the will. Being disinherited does not remove the right to notice. The consequence is that any decree issued without proper citation can be vacated under SCPA §711.
A misconception is that adopted-out children no longer count. Under EPTL §4-1.1(d), they may still be distributees in certain circumstances, so check before excluding.
Paragraph 6: Beneficiaries Under the Will
List every beneficiary named in the will, including specific legatees, residuary takers, charities, and contingent beneficiaries. Provide name, address, and the article or paragraph of the will under which they take.
For charities, list the legal name, address, and EIN. For trusts, list the trustee. For beneficiaries who have died, list date of death and any successor under the will’s lapse provisions or EPTL §3-3.3 (anti-lapse).
Janet Okafor writes: Holy Trinity Church, 213 West 82nd Street, New York, NY 10024, EIN 13-1740011, takes $10,000 under Article Third; Maya Okafor, daughter, 88 Pierrepont Street, Brooklyn, NY 11201, takes residue under Article Fifth.
The classic mistake is forgetting contingent beneficiaries. If the primary beneficiary dies before the testator, the contingent takes, and they must receive notice. Skipping them voids the citation.
A misconception is that the will controls priority for c.t.a. appointment. It does not directly; SCPA §1418 controls who can serve as administrator c.t.a., and the will only matters to determine who is residuary.
Paragraph 7: Estimated Estate Value (Schedule A)
Schedule A asks for the estimated gross value of personal property and real property separately. The total drives the filing fee under SCPA §2402, which ranges from $45 for estates under $10,000 to $1,250 for estates over $500,000.
Use fair market value at the date of death. For real property, use the assessed value from the Department of Finance or a recent appraisal. For bank accounts, use the date-of-death balance from each statement. For securities, use the closing price on the date of death.
Aisha Mensah writes: Personal property: $187,400 (Chase checking $42,100; Fidelity brokerage $128,300; 2019 Honda Civic $17,000). Real property: $0 (decedent rented her apartment). Total estimated gross estate: $187,400. Filing fee: $625.
A common mistake is including the value of jointly held property with right of survivorship. That property passes outside the estate and is not counted for the fee. The consequence of including it is an inflated fee you cannot easily recover.
People often think life insurance with a named beneficiary counts. It does not, unless the estate is the beneficiary. Same for IRAs and 401(k)s with named beneficiaries.
Paragraph 8: Bond and Restrictions
The will may waive bond, in which case state the article that does so. If the will does not waive bond, or if the petitioner is a non-resident, the court may require a bond under SCPA §710 equal to the value of personal property plus 18 months of estimated rental income.
State whether bond is waived, required, and the amount you propose. If you are requesting restricted letters (a common request that limits the administrator’s power to act without further court order), state the restriction.
Carlos Vega writes: Bond is required because the Will (Article Seventh) waived bond only for the named executor and not for any successor. Petitioner proposes a bond in the amount of $187,400. Petitioner requests restricted letters limiting authority to collect assets only, pending further order.
The biggest mistake is assuming the will’s bond waiver extends to the administrator c.t.a. It usually does not unless the will specifically says so. The consequence is an unexpected bond premium of 0.5% to 1% of the estate annually.
A misconception is that bond is one-time. It is annual, and the premium must be paid every year letters remain open.
Paragraph 9: Prayer for Relief
The final paragraph asks the court to admit the will to probate and issue Letters of Administration with Will Annexed to the petitioner. Type the petitioner’s name and the relief sought, then sign and date in the presence of a notary.
Use the exact phrase Letters of Administration with the Will Annexed (not Letters Testamentary, which only an executor receives). Include any restrictions you want imposed.
Marcus Reilly writes: WHEREFORE, petitioner prays that the annexed Last Will and Testament of Eleanor M. Reilly be admitted to probate, and that Letters of Administration with the Will Annexed issue to petitioner Marcus J. Reilly, unrestricted.
The common mistake is asking for Letters Testamentary. The clerk will reject the petition because only an executor named and qualified in the will receives those letters. The consequence is a refiled petition and a second filing fee in some counties.
A misconception is that the prayer is boilerplate and can be left vague. It cannot. The decree the judge signs tracks the prayer word for word.
Schedule of Assets, Affidavit of Heirship, Notice of Probate, Oath and Designation
Schedule A lists every asset with date-of-death value. Schedule B lists funeral expenses, debts, and administrative claims. The Affidavit of Heirship sworn by a disinterested witness confirms the family tree. The Notice of Probate (OCA Form P-14) is mailed to every beneficiary within 20 days after letters issue, per SCPA §1409. The Oath and Designation appoints the Chief Clerk as agent for service.
Fill each schedule completely, even with zeros. Janet Okafor attaches a one-page family tree affidavit signed by her aunt Patricia Okafor, who has known the family for 40 years and is not a beneficiary.
The classic error is skipping Schedule B because there are no debts. Write None explicitly. Leaving it blank reads as incomplete to the clerk.
A misconception is that the Notice of Probate is filed before letters issue. It is mailed after, and the affidavit of mailing must be filed within 60 days.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Aisha — Sole Residuary Beneficiary, Named Executor Predeceased
| Form Section | What Aisha Enters |
|---|---|
| County | KINGS |
| Petitioner | Aisha Mensah, daughter, sole residuary beneficiary under Article Fourth |
| Decedent | Adwoa Mensah, died 02/10/2026, domiciled 1290 Eastern Parkway, Brooklyn, NY 11213 |
| Will | Dated 05/15/2019, original annexed, witnesses still living |
| Reason executor cannot serve | Named executor (brother Kofi Mensah) predeceased decedent on 11/20/2023; no alternate named |
| Distributees | Aisha Mensah (daughter), Kwame Mensah (son), Yaa Mensah (daughter) |
| Beneficiaries | Aisha Mensah, residue; Kwame Mensah, $5,000; Yaa Mensah, $5,000 |
| Estate Value | $187,400 personal, $0 real, fee $625 |
| Bond | Waived per Article Sixth, which waives bond for executor and any successor administrator |
| Prayer | Letters of Administration with Will Annexed, unrestricted |
Scenario 2: Carlos — Residuary Beneficiary, Executor Renounced
| Form Section | What Carlos Enters |
|---|---|
| County | NEW YORK |
| Petitioner | Carlos Vega, grandson, co-residuary beneficiary under Article Fifth |
| Decedent | Esteban Vega a/k/a Steve Vega, died 03/14/2026 |
| Will | Dated 06/22/2018, codicil 11/04/2021 |
| Reason executor cannot serve | Named executor Sofia Vega renounced (Form RA-1 annexed); alternate Luis Vega predeceased |
| Distributees | Carlos Vega, Sofia Vega, Diego Vega (all grandchildren, parents predeceased) |
| Beneficiaries | Carlos, Sofia, Diego each 1/3 residue; Holy Trinity Church $10,000 |
| Estate Value | $432,000 personal, $620,000 real (Harlem brownstone), fee $1,250 |
| Bond | Required, proposed $432,000 (real property excluded) |
| Prayer | Letters with Will Annexed, restricted (no sale of real property without order) |
Scenario 3: Janet — Successor After Executor Died Mid-Administration
| Form Section | What Janet Enters |
|---|---|
| County | QUEENS |
| Petitioner | Janet Okafor, daughter, residuary beneficiary under Article Fifth |
| Decedent | Olumide Okafor, died 08/04/2024, original probate granted 12/01/2024 |
| Will | Dated 06/22/2018, admitted to probate File No. 2024-1842 |
| Reason executor cannot serve | Original executor Maya Okafor (sister) died 01/15/2026 mid-administration |
| Distributees | Janet Okafor, Tunde Okafor, Ade Okafor |
| Beneficiaries | Janet (residue), Tunde ($25,000), Ade ($25,000), Holy Trinity Church ($10,000) |
| Estate Value | $94,200 remaining personal, $0 real, fee $280 |
| Bond | Waived per Article Seventh covering any successor |
| Prayer | Successor Letters of Administration with Will Annexed |
How to File the Completed Form
You can file in three ways depending on the county. Confirm the county’s rules on the Surrogate’s Court directory before you start.
Electronic filing through NYSCEF is mandatory in New York, Bronx, Kings, Queens, Westchester, Nassau, Suffolk, and Erie counties for most case types. Go to the NYSCEF login page, create an account, upload the petition and all attachments as separate PDFs, and pay by credit card or e-check. Processing time is 5 to 15 business days. Your proof of filing is the NYSCEF Notification of Receipt email.
Filing in person is allowed in most upstate counties. Bring the original petition, three copies, the original will, all attachments, and a check or money order made payable to the Surrogate’s Court. Fees range from $45 to $1,250 per SCPA §2402. The clerk stamps your copies as proof; keep one for your records and one for the bondsman if a bond is required. Same-day intake; assignment to a judge takes 1 to 3 weeks.
Filing by mail is accepted in counties that do not mandate NYSCEF. Send certified mail return receipt to the Surrogate’s Court address for the county. Include a self-addressed stamped envelope and a cover letter listing every document enclosed. Processing time runs 3 to 6 weeks. The green card from certified mail is your proof of filing.
In every channel, the filing fee is calculated on the gross estate from Schedule A. Pay attention to the bracket cutoffs: an estate of $9,999 pays $45, but $10,001 pays $215. Round estimates carefully.
What Happens After You File
Once the clerk accepts the petition, the court issues a citation to every interested party who did not sign a waiver. The citation must be served at least 10 days before the return date, per SCPA §307. For out-of-state parties, service is at least 20 days before; for foreign parties, 30 days.
If everyone signs a Waiver and Consent (Form W-1), the court can skip citation and proceed directly to a decree. If anyone objects, the case is set for a hearing before the Surrogate. Uncontested c.t.a. petitions typically reach decree in 6 to 12 weeks; contested ones take 6 months to several years.
Once the decree is signed, the petitioner must qualify by filing the Oath and Designation, paying any bond premium, and presenting certified Letters to banks and other institutions. Letters cost roughly $6 per certified copy; order at least 5 to start. The Notice of Probate must be mailed to every beneficiary within 20 days, and the affidavit of mailing filed within 60 days.
The administrator c.t.a. then has 7 months to receive creditor claims under SCPA §1802, 9 months to file any New York estate tax return if the estate exceeds the basic exclusion amount, and ultimately must file an accounting before distribution.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong county. Domicile controls, not where the decedent died. The court will not transfer; you must withdraw and refile.
- Listing only the will beneficiaries and not the distributees. Distributees must be cited even if they take nothing.
- Forgetting AKA names on the decedent. Banks and title companies will refuse to act without every alias on the letters.
- Asking for Letters Testamentary instead of Letters with Will Annexed. Only executors get Letters Testamentary.
- Assuming a bond waiver in the will covers successors. Read the bond clause closely; most do not.
- Including jointly held or beneficiary-designated property in Schedule A. It inflates the filing fee unnecessarily.
- Filing photocopies of the will. The original must be deposited. If lost, file a Lost Will Petition under SCPA §1407.
- Failing to attach death certificates for deceased executors. Unsupported statements delay appointment.
- Skipping the Affidavit of Heirship. The court relies on it to confirm the family tree.
- Missing the 20-day Notice of Probate deadline. Beneficiaries can compel an accounting if notice is late.
- Misspelling a witness name or omitting an address. Citation must be republished, costing $150 to $400.
Do’s and Don’ts
Do download a fresh copy of OCA Form P-1 for every filing, because revisions happen yearly. Do read SCPA §1418 carefully to confirm your priority. Do obtain renunciations and waivers from everyone above you in priority before you file. Do list every distributee even if they were disinherited. Do type rather than handwrite, because clerks reject illegible petitions. Do order at least 5 certified copies of Letters at the time of issuance.
Don’t assume the will controls who can serve as administrator c.t.a. Don’t include jointly held property or beneficiary-designated accounts in Schedule A. Don’t sign the petition outside the presence of a notary. Don’t file in the county where the decedent owned property if their domicile was elsewhere. Don’t mail an original will; deliver it in person or via tracked, insured courier. Don’t rely on a verbal renunciation; only Form RA-1 satisfies SCPA §1417.
Pros and Cons of Filing on Your Own vs. With Help
Pros of pro se filing. You save attorney fees of $3,000 to $10,000 for a routine c.t.a. petition. You learn the estate intimately. You control the timeline. You can call the clerk directly with questions. You retain full discretion over how to communicate with beneficiaries.
Cons of pro se filing. Mistakes can void the citation and add months. Bond requirements may surprise you. The Notice of Probate deadline is easy to miss. Tax filings (NY estate tax, federal Form 706, fiduciary income tax Form 1041) are complex. Will contests require litigation experience that lay filers usually lack.
FAQs
Can I file Letters of Administration with Will Annexed if the will names me as executor?
No. If you are named and qualified, you file for Letters Testamentary, not c.t.a. Letters c.t.a. are only for when no named executor or alternate can or will serve.
Do I need to list distributees if the will leaves everything to one person?
Yes. Distributees must be cited under SCPA §1403 even when they take nothing under the will. Their right to notice is independent of the will.
Is bond required for an administrator c.t.a. if the will waived bond for the executor?
Yes. Bond is usually required unless the will specifically waives it for successors and administrators c.t.a. Most boilerplate waivers cover only the named executor.
What if I cannot find one of the witnesses to the will?
No problem if the other witness can testify. Under SCPA §1405, one credible witness plus a self-proving affidavit may suffice. Diligent search must be shown.
Do I write the decedent’s domicile or place of death in Paragraph 2?
Yes to both. Place of death and domicile are separate sub-fields. Domicile controls venue; place of death is informational.
Should I include life insurance in Schedule A?
No, not unless the estate is the named beneficiary. Policies with named individual beneficiaries pass outside the estate and do not affect the filing fee.
What if a distributee’s address is unknown?
Yes, you must still list them. Write unknown after diligent search and describe the search efforts in the Affidavit of Heirship.
Can I e-file in every New York county?
No. NYSCEF is mandatory in most downstate and some upstate counties, but several smaller counties still accept or require paper filing. Check the county’s rules first.
Do I need to file a Notice of Probate before letters issue?
No. Notice of Probate is mailed within 20 days after letters issue, per SCPA §1409, and the affidavit of mailing is filed within 60 days.
Should I write the SSN with or without dashes on Form P-1?
Yes, include dashes (XXX-XX-XXXX). The court’s docketing system parses the formatted version more reliably than raw digits.
Is the filing fee refundable if my petition is rejected?
No. Filing fees under SCPA §2402 are non-refundable once the petition is docketed, even if rejected. Fix and resubmit without a second fee in most counties.
Can a non-resident of New York serve as administrator c.t.a.?
Yes, but a non-resident alien cannot serve alone under SCPA §707. A non-resident U.S. citizen can serve, usually with a New York co-fiduciary or a bond.
Do I have to publish the citation in a newspaper?
Yes, if any cited party cannot be served personally or by mail. Publication is ordered by the court, costs $150 to $400, and runs once a week for 4 weeks.
What happens if I forget to list a beneficiary in Paragraph 6?
No decree can issue until the omission is corrected. The court will require an amended petition and a new or supplemental citation to the missed party.
Related reading
- How to Fill Out New York Petition for Letters of Administration (w/Examples) + FAQs
- How to Fill Out New York Petition for Probate (Surrogate’s Court) (w/Examples) + FAQs
- How to Fill Out New York Petition for Voluntary Administration (w/Examples) + FAQs
- How to Fill Out Illinois Petition for Letters of Office (Independent Admin) + FAQs
- How to Fill Out New York Form Petition for Probate of Lost Will + FAQs
- How to Fill Out New York Petition for Voluntary Accounting + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs