A New York Petition for Compulsory Accounting and Related Relief is the formal court paper an interested party files in Surrogate’s Court to force an executor, administrator, trustee, or guardian to disclose every dollar that flowed into and out of an estate or trust. It is filed under SCPA §2205 and is paired with a Compulsory Accounting Citation, which is the document that actually drags the fiduciary into court.
If you are a beneficiary, creditor, or co-fiduciary who has been ignored, stonewalled, or kept in the dark, this petition is your single most powerful tool. The Office of Court Administration reports that Surrogate’s Courts statewide handle tens of thousands of estate matters each year, and contested accounting proceedings under SCPA Article 22 are among the most common drivers of removal and surcharge litigation in New York.
Here is what you will learn in this guide:
- 📄 What the petition does, who can file it, and the exact statute that backs it up
- 🗂️ Every document, date, and ID number you must gather before you start typing
- ✍️ A line-by-line walkthrough of every paragraph, including the verification and wherefore clauses
- 👥 Three full named-person scenarios showing exactly what gets entered
- ⚖️ How to file through NYSCEF, by mail, or in person, with fees, processing time, and proof of filing
- 🚫 The most common mistakes that get petitions rejected and how to dodge each one
The form has not been substantively revised in recent OCA cycles, but you should always confirm the revision date printed in the footer of the official Surrogate’s Court PDF before filing.
What the Petition Is and Who Must File It
The Petition for Compulsory Accounting and Related Relief is a sworn application asking the Surrogate to issue a citation that orders a fiduciary to either file a full judicial accounting or appear and explain why one is not required. It is authorized by SCPA §2205 and procedurally fleshed out by SCPA §2206, which together let the court suspend, remove, and even surcharge a fiduciary who refuses to comply.
The statute lists a closed universe of permissible petitioners. Under SCPA §2205(2), the people who may file include a creditor of the decedent, a person interested in the estate or trust, a public administrator or county treasurer, a guardian acting for an infant or after-born child, the fiduciary of a deceased beneficiary, a surety on the fiduciary’s bond, a successor or remaining fiduciary, a co-fiduciary who has filed his or her own account, and the New York Attorney General where any part of the estate may escheat. A “person interested” includes residuary beneficiaries, specific legatees with an unpaid bequest, and trust remainder beneficiaries, as explained in this JD Supra overview of compulsory accountings.
The petition reaches every kind of fiduciary the Surrogate’s Court supervises. That includes executors of probated wills, administrators of intestate estates, voluntary administrators under SCPA Article 13, preliminary executors, temporary administrators, lifetime and testamentary trustees, and guardians of the person or property of an infant. Article 81 guardianships are usually handled in Supreme Court, but where a SCPA §1707 guardian is involved, the same compulsory mechanism applies.
The court generally will not order an account before seven months from the issuance of letters, because that is the creditor claim window. The leading treatise summary on compulsory accounting confirms that absent “special circumstances” the seven-month rule controls.
Before You Start: Documents and Information You Need
Filing without the right paperwork is the fastest way to get bounced by the clerk. Gather the following before you open the form, because each missing item creates either a clerk’s reject sticker or a defense the fiduciary can use at the return date.
- Certified copy of letters testamentary or letters of administration issued to the fiduciary, because the petition must allege the exact date letters were granted; without that date the seven-month rule cannot be tested
- The decedent’s death certificate, because the petition pleads the date of death and the county of domicile that anchors venue under SCPA §205
- A copy of the probated will or, for an intestate estate, the family tree affidavit, because the petition must identify your status as a distributee, legatee, or remainder beneficiary
- Any prior written demand for an accounting (email, certified letter, or attorney letter) and proof of delivery, because demand and refusal strengthens the “best interests of the estate” showing required by SCPA §2205(1)
- The names, addresses, and relationship of every “necessary party” under SCPA §2210, because every distributee, residuary beneficiary, and known creditor must be cited
- The fiduciary’s last known residence and mailing address, because the citation will be served there and a wrong address voids service
- A rough estimate of the gross estate value, because the filing fee is tiered under SCPA §2402 and the court will reject an underpaid filing
- A government-issued photo ID and, for e-filers, an active NYSCEF account, because Surrogate’s Court matters in most counties now require electronic filing
- A check or credit card for the filing fee plus the citation issuance fee, because clerks will not docket the matter without payment
- A short narrative of the misconduct or delay you are alleging, because the verified petition must state facts, not conclusions
Where to Get the Form and How to Access It
The official statewide template lives on the New York courts website as a fillable PDF titled Petition for Compulsory Accounting and Related Relief. The matching Compulsory Accounting Citation is filed at the same time, and a Compulsory Accounting Proceeding Checklist tells the clerk which papers are mandatory and which are situational.
Most counties also publish local versions with the county caption pre-printed. New York County, Kings, Queens, Bronx, Nassau, Suffolk, Westchester, and Erie all accept the statewide PDF but expect e-filing through NYSCEF. Smaller upstate counties still allow paper filing, and several, like Buffalo’s Erie County practice described by Friedman & Ranzenhofer, keep a local forms library online.
You can open the PDF in Adobe Acrobat Reader, fill it directly on screen, save it, and either upload it through NYSCEF or print it for in-person filing. Do not retype the form in Word; the OCA caption blocks, font, and margins matter, and a retyped version can be rejected as nonconforming under 22 NYCRR Part 207.
If your county uses a slightly different local cover sheet, attach it on top but keep the statewide petition body intact. The body language is what satisfies SCPA §2205, so changing it can void the petition.
Step-by-Step: How to Fill Out the Petition Line by Line
The petition is structured as a caption, an introductory clause, numbered allegations one through twelve (counties vary slightly), a wherefore clause, a verification, and a signature block. Each piece carries its own legal weight, so walk through them in order.
Caption: County, Estate Name, and File Number
The caption sits at the top of page one and identifies the Surrogate’s Court, the county, the decedent’s name in capital letters, and the file or index number if one has already been assigned. Type the county where the decedent was domiciled at death, then enter the decedent’s full legal name on the “In the Matter of the Estate of” line.
For example, Maria Lopez, filing against her late father’s executor in Manhattan, writes NEW YORK on the county line and ANTONIO LOPEZ, Deceased on the estate line. If letters have already issued, the file number appears on the letters themselves; copy it exactly into the “File No.” box.
A nuance to watch is venue. Under SCPA §205, venue lies in the county of the decedent’s domicile at death, not where the petitioner lives or where the assets sit. The most common mistake here is filing in the petitioner’s home county; the consequence is dismissal without prejudice and a second filing fee in the correct county.
A misconception is that the caption can use a nickname or shortened name. The caption must match the name on the letters and the death certificate, because the clerk indexes the proceeding by that exact spelling.
Paragraph 1: Petitioner’s Name, Address, and Standing
Paragraph 1 asks who you are and why you have standing to compel an account. Write your full legal name, your street address, and a short phrase describing your interest, such as a residuary beneficiary under the Last Will and Testament of the decedent or a distributee of the decedent who died intestate.
For instance, Carlos Rivera, residing at 142 East 19th Street, Brooklyn, NY 11226, a son and distributee of the decedent who died intestate on March 4, 2025 covers name, address, and standing in one sentence. Use a residential address, not a P.O. Box, unless you also list a service address.
The edge case is a petitioner acting in a representative capacity, such as the guardian of an infant beneficiary or the executor of a deceased beneficiary’s own estate. In that situation, add language identifying the representative role and attach the letters or order that grant authority, as required by SCPA §2205(2).
A common mistake is to claim standing as a “friend” or “concerned family member.” The statute lists who may petition, and the consequence of pleading outside that list is dismissal for lack of standing. A misconception is that any heir-at-law can petition; only a distributee or beneficiary with a real economic interest in the accounting qualifies.
Paragraph 2: Decedent’s Identity, Date of Death, and Domicile
This paragraph pleads the decedent’s full name, date of death in MM/DD/YYYY format, and county of domicile at death. Write the date exactly as it appears on the death certificate and use the certificate’s listed county of residence.
Maria Lopez writes: The decedent, Antonio Lopez, died on 01/17/2025, a resident of New York County, State of New York. That single sentence locks in venue and the seven-month clock.
The nuance is a decedent who lived in one county but died in a hospital in another. Domicile, not place of death, controls venue under SCPA §205. The mistake of writing the hospital’s county leads to a transfer order and lost weeks. The misconception is that “residence” and “domicile” are interchangeable; they are not, and only domicile matters.
Paragraph 3: Testate or Intestate Status
State whether the decedent left a will. If testate, identify the date of the will and any codicils; if intestate, say so clearly.
The decedent left a Last Will and Testament dated 06/12/2018, which was admitted to probate on 02/28/2025. For an intestate matter, write The decedent died intestate.
The edge case is a will offered but not yet admitted. If probate is still pending, the proper vehicle is usually a petition under SCPA §1410 or a temporary administrator petition, not a §2205 petition. The mistake of filing while probate is contested often gets the petition held in abeyance. The misconception is that any will named in a filed petition counts; only the will admitted to probate controls.
Paragraph 4: Fiduciary’s Name, Capacity, and Date of Letters
Identify the fiduciary by full legal name, the capacity in which the fiduciary serves, and the date letters issued. The date letters issued is the trigger for the seven-month rule.
Letters Testamentary were issued to Janet Lopez, as Executor, on 03/15/2025. That sentence does three jobs at once.
The nuance is multiple fiduciaries. List each by name and capacity, because every fiduciary who served must account for the period of service. The mistake of omitting a co-executor leads to incomplete relief. The misconception is that a fiduciary who has resigned is off the hook; a resigned fiduciary still owes an account for the period of service under SCPA §2207.
Paragraph 5: Petitioner’s Interest in the Estate
This paragraph quantifies your interest. State the specific share, bequest, or remainder interest you hold and cite the article or paragraph of the will that grants it.
Petitioner is entitled to a one-third share of the residuary estate under Article Fifth of the Last Will and Testament. For an intestate matter, cite EPTL §4-1.1 and your relationship to the decedent.
The edge case is a contingent or remainder interest. Courts recognize contingent beneficiaries as “persons interested” for §2205 purposes, as confirmed in the treatise summary on compulsory accounting. The mistake of vague language like “I am a beneficiary” invites a motion to dismiss for failure to plead a specific interest. The misconception is that a disinherited heir can compel an account; without a present or contingent economic interest, standing fails.
Paragraph 6: Approximate Value of the Estate
State the approximate gross value of the estate. Use the figure from the inventory of assets, the probate petition, or your best good-faith estimate based on known accounts and real property.
The approximate gross value of the estate is $475,000, consisting of a one-family house in Queens, a Chase checking account, and a Vanguard IRA. Round to a clean number and label the asset categories.
The nuance is unknown value. If you cannot estimate, write unknown to petitioner, but believed to exceed $[amount] based on [source] and explain why you lack information; that itself supports the need to compel an account. The mistake of inflating value to scare the fiduciary inflates the filing fee and creates a credibility problem. The misconception is that the petitioner must prove value; the burden is only good-faith estimation, not proof.
Paragraph 7: Facts Showing Need for Compulsory Accounting
This is the heart of the petition. Plead specific facts showing why an accounting is in the best interests of the estate, because conclusory allegations get dismissed.
More than fourteen months have passed since letters issued, and the executor has failed to distribute any portion of the residuary estate, failed to respond to three written demands dated 06/10/2025, 09/15/2025, and 01/04/2026, and refused to disclose the balance of estate accounts. Concrete dates, dollar amounts, and refusals carry weight.
The edge case is suspected self-dealing without hard proof. You can plead “information and belief” allegations, but back each with the source of the belief, as the Benjamin Katz Esq. guide on compelling accountings explains. The mistake of writing only “the executor has been uncooperative” gets the petition denied as conclusory. The misconception is that personal dislike of the fiduciary is enough; the standard is best interests of the estate, not the petitioner’s comfort.
Paragraph 8: Necessary Parties Under SCPA 2210
List every person who must be cited under SCPA §2210. That includes every beneficiary, distributee, known creditor, and co-fiduciary, with full name and address for each.
For example, Carlos lists his two siblings, the residuary charity, and the surety company on the executor’s bond, each with a full mailing address. Attach a separate schedule if the list is long.
The nuance is unknown distributees. If you cannot identify or locate someone, plead diligent search and ask the court to direct service by publication under SCPA §307. The mistake of omitting a necessary party means any resulting order can be attacked as void. The misconception is that only the fiduciary needs to be cited; the statute requires every interested person, because the resulting account will bind them.
Paragraph 9: Prior Demand and Refusal
Plead the demand history. Identify each demand, the method of delivery, and the fiduciary’s response or silence.
On 06/10/2025, petitioner sent a certified letter to the executor requesting an informal accounting; the letter was received on 06/13/2025 and no response was given. Repeat for each demand.
The edge case is no prior demand at all. The statute does not technically require demand, but courts strongly prefer to see one, and a fiduciary’s defense often hinges on lack of notice. The mistake of skipping demand altogether is survivable but weakens the petition. The misconception is that an oral demand suffices; always document in writing.
Paragraph 10: Bond and Surety Information
If the fiduciary posted a bond, identify the surety company, the bond number, and the penal sum. Sureties are necessary parties under SCPA §2205(2)(f).
The executor posted a bond in the penal sum of $500,000 issued by ABC Surety Co., Bond No. 12345. That information lets the court reach the surety if the fiduciary defaults.
The nuance is a bond waiver in the will. If the will waived bond, say so and cite the article. The mistake of omitting bond information when one exists leaves the surety unbound by the resulting order. The misconception is that a bond is always required; many wills waive it.
Paragraph 11: Prior Accountings or Related Proceedings
Disclose any prior accounting, judicial settlement, related Supreme Court action, or pending discovery proceeding. The clerk’s checklist requires proof of disposition for any related Supreme Court action, as the official compulsory accounting checklist makes clear.
No prior accounting has been filed and no related proceeding is pending. If a turnover proceeding under SCPA §2103 is pending, identify it by index number.
The nuance is an informal accounting that the fiduciary delivered but the petitioner rejected. Plead it and explain why it was inadequate. The mistake of hiding a prior informal account invites a defense of waiver. The misconception is that an informal account ends the petitioner’s right to a formal one; it does not, unless the petitioner signed a release.
Paragraph 12: Other Relief Requested
State every additional remedy you want, because the citation must mirror the wherefore clauses. Common add-ons include suspension under SCPA §711, removal under SCPA §719, appointment of a successor, surcharge, and turnover of estate assets.
Petitioner further requests an order suspending the executor pending the filing of the account and surcharging the executor for any losses caused by delay. Tailor each request to the facts.
The nuance is anticipatory relief. You can ask the court to “take and state” the account itself under SCPA §2206(1)(c) if the fiduciary refuses. The mistake of omitting a remedy in paragraph 12 means it cannot appear in the citation. The misconception is that the court will infer remedies; it will not.
Wherefore Clause
The wherefore clause translates paragraph 12 into specific prayers for relief, each prefaced by “that.” Every wherefore must appear verbatim in the citation, as the Second Department compulsory accounting citation template requires.
WHEREFORE, petitioner prays that this Court issue a citation directing Janet Lopez to file an account of her proceedings as Executor and to cause same to be judicially settled. Add separate “that” clauses for suspension, removal, and surcharge.
The mistake of using broad language like “such other relief as the court deems just” without listing specific remedies leaves the citation toothless. The misconception is that wherefore clauses are boilerplate; they are the operative request for relief.
Verification
The petition must be verified by oath under CPLR §3020. Sign in front of a notary public, who completes the jurat with the date, county, and notary seal.
Sworn to before me this 14th day of May, 2026 is the jurat language. The petitioner signs above the printed name; the notary signs below.
The edge case is remote online notarization, which New York now permits under Executive Law §135-c. The mistake of filing an unverified petition is fatal; the clerk will reject it. The misconception is that an attorney’s affirmation under CPLR §2106 can replace verification; for the petitioner’s pleading, it cannot.
Signature Block and Attorney Information
Sign your full legal name, print it below, and add your address, phone number, and email. If an attorney represents you, the attorney signs as well and adds the firm name, address, phone, and registration number.
Carlos Rivera, Petitioner, 142 East 19th Street, Brooklyn, NY 11226 sits above the attorney block if one exists. Pro se filers leave the attorney block blank.
The mistake of forgetting the email address blocks NYSCEF notifications. The misconception is that a typed signature is enough on a paper filing; ink is still required for paper filings even though NYSCEF accepts /s/ format.
Three Filled-Out Examples Using Real Scenarios
Three named filers help show how the same form bends to different fact patterns.
Scenario 1: Maria Lopez, Residuary Beneficiary Against an Executor
| Form Section | What Maria Enters |
|---|---|
| Caption | Surrogate’s Court, County of New York; Estate of ANTONIO LOPEZ, Deceased; File No. 2025-0456 |
| Paragraph 1 | Maria Lopez, 88 Wadsworth Avenue, New York, NY 10033, daughter and residuary beneficiary |
| Paragraph 2 | Decedent died on 01/17/2025, domiciled in New York County |
| Paragraph 3 | Will dated 06/12/2018 admitted to probate on 02/28/2025 |
| Paragraph 4 | Letters Testamentary issued to Janet Lopez, Executor, on 03/15/2025 |
| Paragraph 6 | Gross value approximately $475,000 |
| Paragraph 7 | Fourteen months elapsed, three written demands unanswered, no interim distribution |
| Wherefore | Citation, accounting, suspension, surcharge, successor appointment |
Scenario 2: Carlos Rivera, Distributee in an Intestate Estate
| Form Section | What Carlos Enters |
|---|---|
| Caption | Surrogate’s Court, County of Kings; Estate of ROSA RIVERA, Deceased; File No. 2025-1188 |
| Paragraph 1 | Carlos Rivera, 142 East 19th Street, Brooklyn, NY 11226, son and distributee |
| Paragraph 2 | Decedent died intestate on 03/04/2025, domiciled in Kings County |
| Paragraph 3 | Decedent died intestate; no will offered for probate |
| Paragraph 4 | Letters of Administration issued to Diego Rivera, Administrator, on 04/22/2025 |
| Paragraph 5 | Entitled to one-third intestate share under EPTL 4-1.1 |
| Paragraph 7 | Administrator sold real property without notice and deposited proceeds in personal account |
| Wherefore | Citation, full account, turnover under SCPA 2103, removal, surcharge |
Scenario 3: Aisha Chen, Trust Remainder Beneficiary Against a Trustee
| Form Section | What Aisha Enters |
|---|---|
| Caption | Surrogate’s Court, County of Westchester; In the Matter of the Trust under the Will of HENRY CHEN, Deceased |
| Paragraph 1 | Aisha Chen, 14 Maple Lane, White Plains, NY 10605, remainder beneficiary of the Family Trust |
| Paragraph 2 | Decedent died on 07/02/2019, domiciled in Westchester County |
| Paragraph 4 | Trustee First County Bank, serving since 08/12/2019 |
| Paragraph 5 | Entitled to remainder upon death of income beneficiary under Article Fourth |
| Paragraph 6 | Trust corpus approximately $2.1 million |
| Paragraph 7 | No accounting in seven years; trustee refused written demand of 02/10/2026 |
| Wherefore | Citation, intermediate accounting, surcharge for excessive commissions |
How to File the Completed Form
Filing channels vary by county, and using the wrong channel wastes days you cannot get back.
NYSCEF electronic filing. Most counties, including New York, Kings, Queens, Bronx, Nassau, Suffolk, Westchester, and Erie, require Surrogate’s Court matters to be filed through NYSCEF. Log in, select “Commence Action,” choose the Surrogate’s Court county, upload the verified petition, the proposed citation, and any exhibits, then pay the filing fee by credit card. NYSCEF immediately returns a Notification of Receipt that serves as your proof of filing.
In-person filing. You may walk the papers into the Surrogate’s Court clerk’s office for the county of domicile. New York County sits at 31 Chambers Street, Room 402, Kings County at 2 Johnson Street, Brooklyn. Bring two copies plus the original, a check or money order payable to “Surrogate’s Court,” and a government photo ID; the clerk stamps the copies and returns one as your proof of filing.
Filing by mail. Smaller upstate counties still accept mail filings. Send the original signed and notarized petition, the proposed citation, a self-addressed stamped envelope, and a check for the fee to the county Surrogate’s clerk; expect two to three weeks for the clerk to docket and return file-stamped copies.
Fees. Filing fees for a compulsory accounting petition follow the tiered schedule in SCPA §2402, running from $45 for estates under $10,000 up to $1,250 for estates of $500,000 and above. The citation issuance fee is $20 per citation, and certified copies cost $6 plus $0.50 per page.
Processing time. Once filed, the clerk typically issues the citation within five to fifteen business days. The return date is set six to eight weeks out to allow service.
What Happens After You File
After filing, the clerk issues the Compulsory Accounting Citation with a stamped return date. You must serve the citation on the fiduciary and every necessary party, by personal delivery within New York if possible, or by certified mail or publication where the court directs, under SCPA §307.
On the return date, the fiduciary must either file an account with a petition for judicial settlement under SCPA §2208, appear and show good cause why no account is required, or default. If the fiduciary defaults or appears without an excuse, the court issues an order directing the account within a fixed time under SCPA §2206 and may suspend or remove the fiduciary.
Once filed, the account is served on all interested parties and a separate accounting proceeding begins, with objections, discovery, and a trial calendar. Surcharge, removal, and turnover all flow from that proceeding.
If the fiduciary still refuses to account, the court can hold the fiduciary in contempt, appoint a successor, and direct that the account be taken and stated by the court itself or a court-appointed referee.
Mistakes to Avoid When Filling Out the Form
Each of these errors shows up regularly in clerk rejections and motion practice.
- Filing in the wrong county leads to dismissal and a second filing fee
- Pleading standing as a “concerned relative” instead of a statutory category leads to dismissal for lack of standing
- Omitting a necessary party under SCPA §2210 voids any resulting order as to that party
- Filing before the seven-month creditor window leads to denial absent special circumstances
- Using conclusory allegations instead of dated facts invites a motion to dismiss
- Forgetting to verify the petition leads to clerk rejection at intake
- Listing the wrong fiduciary capacity (executor vs. administrator) creates service defects
- Misspelling the decedent’s name in the caption prevents the clerk from indexing the file
- Underpaying the filing fee under SCPA §2402 stops the case from being docketed
- Failing to mirror the wherefore clauses in the citation leaves requested relief unenforceable
- Omitting bond and surety information leaves the surety free of the resulting order
- Skipping the prior-demand paragraph weakens the best-interests showing
- Filing a retyped Word version of the form risks rejection under 22 NYCRR §207.4-a
Do’s and Don’ts
These quick rules keep your petition clean.
- Do confirm the seven-month rule under SCPA §2205 has run before you file
- Do list every necessary party with a current mailing address
- Do attach the prior written demand and proof of delivery as an exhibit
- Do mirror every wherefore clause in the proposed citation
- Do verify the petition before a notary and double-check the jurat
- Do use the exact estate name and file number from the letters
- Don’t file in your own home county unless the decedent was domiciled there
- Don’t use vague allegations like “the executor has done nothing”
- Don’t omit co-fiduciaries even if one is cooperative
- Don’t inflate the estate value to drive up the perceived stakes
- Don’t forget to register for NYSCEF if your county requires e-filing
- Don’t sign before the notary; sign in front of the notary
Pros and Cons of Filing Pro Se vs. With Counsel
Filing without a lawyer is legal in Surrogate’s Court but carries real risk.
Pros of filing pro se:
- Saves attorney fees, which often run $3,000 to $10,000 for a contested compulsory accounting
- Lets you control the narrative and timing
- Forces you to learn the file inside out
- Works reasonably well for simple, small estates with one fiduciary
- Avoids conflicts of interest where family lawyers also represent siblings
Cons of filing pro se:
- Surrogate’s Court practice rules under 22 NYCRR Part 207 are technical
- Necessary party analysis under SCPA §2210 is easy to miss
- Verification and service defects sink pro se filings often
- Discovery and objections to the eventual account are highly technical
- Fiduciaries usually have counsel, creating a sharp imbalance at the return date
FAQs
Do I have to wait seven months after letters issued before I can file?
No. You can file earlier, but absent special circumstances the court will not order an account before the seven-month creditor claim window under SCPA §1802 closes.
Can a creditor of the decedent file the petition?
Yes. SCPA §2205(2)(a) expressly lists creditors as permissible petitioners, provided the claim is timely presented.
Do I write my full legal name or my nickname in the petitioner box?
No. Use your full legal name as it appears on your government ID, because the citation and any resulting order will issue in that exact name.
Does the decedent’s name in the caption have to match the death certificate?
Yes. Use the spelling on the death certificate and the letters, because the clerk indexes the proceeding by that exact name.
Can I file in the county where I live instead of where the decedent lived?
No. Venue lies in the county of the decedent’s domicile at death under SCPA §205, not the petitioner’s residence.
Do I need to list the surety on the bond as a necessary party?
Yes. A surety is a permissible petitioner and a necessary party whenever bond is posted, under SCPA §2205(2)(f).
Can I ask for removal of the executor in the same petition?
Yes. SCPA §2206 lets you combine the accounting request with suspension and removal under SCPA §§711 and 719.
Do I need an attorney to file?
No. Pro se filing is allowed, but most petitioners benefit from counsel because of technical service and pleading rules under 22 NYCRR Part 207.
Is the petition filed online or on paper?
Yes, online in most counties. NYSCEF e-filing is mandatory in New York, Kings, Queens, Bronx, Nassau, Suffolk, Westchester, and Erie counties.
Do I list contingent or remainder beneficiaries in paragraph 8?
Yes. Contingent and remainder beneficiaries are “persons interested” under SCPA §103 and must be cited as necessary parties.
Can I file if the executor gave me an informal accounting I disagree with?
Yes. An informal account does not bar a §2205 petition unless you signed a binding release and refunding agreement.
Does the petition need to be notarized?
Yes. CPLR §3020 requires a verified pleading, and an unverified petition will be rejected by the clerk.
What is the filing fee?
Yes, there is a fee. It is tiered by estate value under SCPA §2402, from $45 for estates under $10,000 to $1,250 for estates of $500,000 or more.
Can I list a P.O. Box as my address in paragraph 1?
No. Use a residential or business street address, because the court and opposing parties must be able to effect service on you if you are also a necessary party.
Related reading
- How to Fill Out New York Affidavit SCPA 1310 (w/Examples) + FAQs
- How to Fill Out New York Petition for Voluntary Administration (w/Examples) + FAQs
- How to Fill Out New York Letters of Administration with Will Annexed + FAQs
- How to Fill Out New York Notice of Claim Against Estate (Surrogate’s Court) + FAQs
- How to Fill Out New York Petition for Letters of Trusteeship + FAQs
- How to Fill Out New York Petition for Voluntary Accounting + FAQs
- How to Fill Out New York Form IT-558 (w/Examples) + FAQs