INSTRUCTIONS: NEW YORK ANCILLARY PROBATE PROCEEDING CHECKLIST
The document discussed in this article is used for informational purposes when a non-domiciliary of New York leaves real or personal property which needs to be administered under New York state law and there has been probate in a foreign jurisdiction. This ancillary probate proceeding checklist can be obtained from the website maintained by the New York State Unified Court System.
New York Ancillary Probate Proceeding Checklist Step 1: The first paragraph of this document instructs you to fill out all areas of the petition being filed, including marking "not applicable" where necessary. You must also check all forms to make sure the listed venue and appropriate county are listed.
New York Ancillary Probate Proceeding Checklist Step 2: Above the table provided, you are instructed to check to make sure that the attorney of record is licensed to practice in New York state.
New York Ancillary Probate Proceeding Checklist Step 3: The remainder of the form consists of a table whose questions should be answered by checking "Yes" or "No" as applicable in the columns provided. The first question asks whether the captioned name is the same as the signature on the will and on paragraph two of the petition.
New York Ancillary Probate Proceeding Checklist Step 4: The second question asks if any other "also known as" names are listed in the caption and also under paragraph two of the petition.
New York Ancillary Probate Proceeding Checklist Step 5: The third question asks if the type of Letters have been checked.
New York Ancillary Probate Proceeding Checklist Step 6: Question 1 asks if the petitioner is the person expressly appointed in the will as executor with respect to property located in the state and/or their designee. If not, answer all further questions about the status of the petitioner.
New York Ancillary Probate Proceeding Checklist Step 7: Question 2 asks if you have verified information set forth in authenticated documents from the foreign state where probate has already been undertaken.
New York Ancillary Probate Proceeding Checklist Step 8: Question 3 asks if you have again verified that all information set forth is as indicated in the exemplified and/or authenticated documents from the foreign state.
New York Ancillary Probate Proceeding Checklist Step 9: Complete the rest of the checklist as instructed.