New York probate
Which forms start the probate case?
| Question or record | What applies | Next action | Record to keep |
|---|---|---|---|
| Opening form | The petition or checklist for the exact proceeding and requested authority | The official probate checklist starts with P-1 Petition for Probate, the original will and codicils, P-13 Affidavit of Comparison unless waived, a certified death certificate, and P-3 Affidavit of Attesting Witnesses. Depending on the parties and will, P-4 waivers, P-5 renunciations, P-6 notice of probate, citation, bond and other proofs may also be required. | Current form or order, supporting records, filing receipt, case number, and next court response |
| Official download | The current state form plus any required county cover sheet or supplement | The official probate forms index includes the Petition for Probate, proceeding checklist, ancillary forms, administration c.t.a. forms, successor-letter forms, notices, and renunciations. | Current form or order, supporting records, filing receipt, case number, and next court response |
| Supporting evidence | Original will when applicable, death record, oath or bond material, exhibits, and signer information required by the proceeding | In an eligible NYSCEF Surrogate's Court case, e-filing is voluntary. The original will and codicils and a hard copy of the death certificate must reach the court within two business days after e-filing the probate petition; process does not issue and a fiduciary, the executor or administrator with a legal duty to the estate, is not appointed before those originals are filed. | Written scope, assigned attorney, jurisdiction, fee basis, exclusions, and next legal step |
| Final check | Names, dates, venue, exhibits, signatures, originals, notice, fee, and requested order | In an eligible NYSCEF Surrogate's Court case, e-filing is voluntary. The original will and codicils and a hard copy of the death certificate must reach the court within two business days after e-filing the probate petition; process does not issue and a fiduciary, the executor or administrator with a legal duty to the estate, is not appointed before those originals are filed. | Written scope, assigned attorney, jurisdiction, fee basis, exclusions, and next legal step |
| How do I get Letters Testamentary in New York? | The official New York probate checklist identifies the P-1 Petition for Probate, original will and codicils, P-13 Affidavit of Comparison unless waived, certified death certificate, P-3 Affidavit of Attesting Witnesses, and a self-addressed stamped envelope if the court requires one as the standard always-required opening items. nycourts.gov | Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding | Current form or order, supporting records, filing receipt, case number, and next court response |
The current state form plus any required county cover sheet or supplement. The official probate forms index includes the Petition for Probate, proceeding checklist, ancillary forms, administration c.t.a. forms, successor-letter forms, notices, and renunciations. Current form or order, supporting records, filing receipt, case number, and next court response
Original will when applicable, death record, oath or bond material, exhibits, and signer information required by the proceeding. In an eligible NYSCEF Surrogate's Court case, e-filing is voluntary. The original will and codicils and a hard copy of the death certificate must reach the court within two business days after e-filing the probate petition; process does not issue and a fiduciary, the executor or administrator with a legal duty to the estate, is not appointed before those originals are filed.
New York probate
Which documents are used after appointment?
| Question or record | What applies | Next action | Record to keep |
|---|---|---|---|
| Supporting evidence | Original will when applicable, death record, oath or bond material, exhibits, and signer information required by the proceeding | In an eligible NYSCEF Surrogate's Court case, e-filing is voluntary. The original will and codicils and a hard copy of the death certificate must reach the court within two business days after e-filing the probate petition; process does not issue and a fiduciary, the executor or administrator with a legal duty to the estate, is not appointed before those originals are filed. | Written scope, assigned attorney, jurisdiction, fee basis, exclusions, and next legal step |
| Final check | Names, dates, venue, exhibits, signatures, originals, notice, fee, and requested order | In an eligible NYSCEF Surrogate's Court case, e-filing is voluntary. The original will and codicils and a hard copy of the death certificate must reach the court within two business days after e-filing the probate petition; process does not issue and a fiduciary, the executor or administrator with a legal duty to the estate, is not appointed before those originals are filed. | Written scope, assigned attorney, jurisdiction, fee basis, exclusions, and next legal step |
| How do I get Letters Testamentary in New York? | The official New York probate checklist identifies the P-1 Petition for Probate, original will and codicils, P-13 Affidavit of Comparison unless waived, certified death certificate, P-3 Affidavit of Attesting Witnesses, and a self-addressed stamped envelope if the court requires one as the standard always-required opening items. nycourts.gov | Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding | Current form or order, supporting records, filing receipt, case number, and next court response |
Names, dates, venue, exhibits, signatures, originals, notice, fee, and requested order. In an eligible NYSCEF Surrogate's Court case, e-filing is voluntary. The original will and codicils and a hard copy of the death certificate must reach the court within two business days after e-filing the probate petition; process does not issue and a fiduciary, the executor or administrator with a legal duty to the estate, is not appointed before those originals are filed. Written scope, assigned attorney, jurisdiction, fee basis, exclusions, and next legal step
The official New York probate checklist identifies the P-1 Petition for Probate, original will and codicils, P-13 Affidavit of Comparison unless waived, certified death certificate, P-3 Affidavit of Attesting Witnesses, and a self-addressed stamped envelope if the court requires one as the standard always-required opening items. nycourts.gov. Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding
New York probate
Which papers address creditors and closing?
| Question or record | What applies | Next action | Record to keep |
|---|---|---|---|
| How do I get Letters Testamentary in New York? | The official New York probate checklist identifies the P-1 Petition for Probate, original will and codicils, P-13 Affidavit of Comparison unless waived, certified death certificate, P-3 Affidavit of Attesting Witnesses, and a self-addressed stamped envelope if the court requires one as the standard always-required opening items. nycourts.gov | Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding | Current form or order, supporting records, filing receipt, case number, and next court response |
| Is there a form for Letters Testamentary? | Letters Testamentary follow admission of the will plus eligibility and qualification; they are not obtained merely by downloading a form. Use the official probate petition and proceeding checklist. Letters are the court-issued result of the proceeding, not authority created by downloading a standalone form. | Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding | Current form or order, supporting records, filing receipt, case number, and next court response |
Letters Testamentary follow admission of the will plus eligibility and qualification; they are not obtained merely by downloading a form. Use the official probate petition and proceeding checklist. Letters are the court-issued result of the proceeding, not authority created by downloading a standalone form. Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding. Current form or order, supporting records, filing receipt, case number, and next court response
In an eligible NYSCEF Surrogate's Court case, e-filing is voluntary. The original will and codicils and a hard copy of the death certificate must reach the court within two business days after e-filing the probate petition; process does not issue and a fiduciary, the executor or administrator with a legal duty to the estate, is not appointed before those originals are filed. Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding
New York probate
When do the estate facts change the packet?
| Question or record | What applies | Next action |
|---|---|---|
| Can an executor act before letters issue? | In an eligible NYSCEF Surrogate's Court case, e-filing is voluntary. The original will and codicils and a hard copy of the death certificate must reach the court within two business days after e-filing the probate petition; process does not issue and a fiduciary, the executor or administrator with a legal duty to the estate, is not appointed before those originals are filed. | Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding |
| What if the named executor cannot serve? | The official statewide Petition for Probate is available from the New York Courts form library. Use the current official successor or administration c.t.a. forms that match the court status and the person asking to continue the estate. | Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding |
| Opening form | The petition or checklist for the exact proceeding and requested authority | The official probate checklist starts with P-1 Petition for Probate, the original will and codicils, P-13 Affidavit of Comparison unless waived, a certified death certificate, and P-3 Affidavit of Attesting Witnesses. Depending on the parties and will, P-4 waivers, P-5 renunciations, P-6 notice of probate, citation, bond and other proofs may also be required. |
| Official download | The current state form plus any required county cover sheet or supplement | The official probate forms index includes the Petition for Probate, proceeding checklist, ancillary forms, administration c.t.a. forms, successor-letter forms, notices, and renunciations. |
New York probate
What should you check before filing?
- The official probate checklist starts with P-1 Petition for Probate, the original will and codicils, P-13 Affidavit of Comparison unless waived, a certified death certificate, and P-3 Affidavit of Attesting Witnesses. Depending on the parties and will, P-4 waivers, P-5 renunciations, P-6 notice of probate, citation, bond and other proofs may also be required.
- The official probate forms index includes the Petition for Probate, proceeding checklist, ancillary forms, administration c.t.a. forms, successor-letter forms, notices, and renunciations.
- In an eligible NYSCEF Surrogate's Court case, e-filing is voluntary. The original will and codicils and a hard copy of the death certificate must reach the court within two business days after e-filing the probate petition; process does not issue and a fiduciary, the executor or administrator with a legal duty to the estate, is not appointed before those originals are filed.
- In an eligible NYSCEF Surrogate's Court case, e-filing is voluntary. The original will and codicils and a hard copy of the death certificate must reach the court within two business days after e-filing the probate petition; process does not issue and a fiduciary, the executor or administrator with a legal duty to the estate, is not appointed before those originals are filed.
Direct answer: Letters Testamentary are issued by the probate court after a will is admitted and the executor qualifies. They are not created by downloading a standalone “letters” form. Start with the current probate petition and checklist, then file the originals and supporting papers required by the responsible court.
New York probate
How does Alix handle the forms and the work behind them?
- A will is handled through probate, no will through administration, and a qualifying small estate may use voluntary administration. When Someone Dies | New York Courts - A probate filing ordinarily includes the original will, a certified death certificate, a probate petition, and supporting papers in the proper Surrogate's Court.
Licensed legal and tax work
- Legal advice and filing strategy
- Petitions, notices, and legal responses
- Court questions and hearings
- Included tax work by qualified professionals
Estate settlement operations
- Accounts, assets, and institution follow-up
- Property, insurance, debts, and records
- Beneficiary communication and distributions
- One Estate Settlement Specialist coordinating the work
Readiness check: no statewide processing time is guaranteed. Identify the court, proceeding, originals, supporting papers, signers, notice, fee, local supplement, and requested authority before filing.
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Questions about New York probate
How do I get Letters Testamentary in New York?
The official New York probate checklist identifies the P-1 Petition for Probate, original will and codicils, P-13 Affidavit of Comparison unless waived, certified death certificate, P-3 Affidavit of Attesting Witnesses, and a self-addressed stamped envelope if the court requires one as the standard always-required opening items. nycourts.gov
Is there a form for Letters Testamentary?
Letters Testamentary follow admission of the will plus eligibility and qualification; they are not obtained merely by downloading a form. Use the official probate petition and proceeding checklist. Letters are the court-issued result of the proceeding, not authority created by downloading a standalone form.
Can an executor act before letters issue?
In an eligible NYSCEF Surrogate's Court case, e-filing is voluntary. The original will and codicils and a hard copy of the death certificate must reach the court within two business days after e-filing the probate petition; process does not issue and a fiduciary, the executor or administrator with a legal duty to the estate, is not appointed before those originals are filed.
What if the named executor cannot serve?
The official statewide Petition for Probate is available from the New York Courts form library. Use the current official successor or administration c.t.a. forms that match the court status and the person asking to continue the estate.
What should you gather before starting New York probate forms?
Start with the original will, certified death certificate, ownership records, beneficiary information, current addresses, and any existing case number or court notice. Keep accepted filings separate from drafts, and record who supplied each document. This gives the court, institutions, the assigned attorney, and the Estate Settlement Specialist one reliable working file for the New York estate.
What can Alix handle for a New York estate?
Alix handles the agreed probate and estate-settlement work under one written plan. A licensed attorney from the Alix network handles included legal work. Qualified tax professionals handle included tax work. An Estate Settlement Specialist manages the accounts, property, debts, records, institutions, distributions, and family updates while you remain in control of required decisions.
Official sourcesView the 6 current court and law sources used for this page
New York court and statute pages set the rules and amounts used in this guide.
- Probate Forms | New York CourtsOfficial rule, form, procedure, or service source
- Petition for Probate | New York CourtsOfficial rule, form, procedure, or service source
- Probate - When a Person Dies with a Will | New York CourtsOfficial rule, form, procedure, or service source