N.Y. Comp. Codes R. & Regs. tit. 22 § 1950.2

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1950.2 - Filing of an affidavit regarding wills and/or codicils

In all probate proceedings where the purported will and/or codicil of the deceased nominates an attorney as a fiduciary or co-fiduciary, there shall be annexed to the probate petition an affidavit of the testator setting forth the following:

(1) that the testator was advised that the nominated attorney may be entitled to a legal fee as well as to the commissions authorized by statute for the fiduciary;

(2) that where an attorney is nominated to serve as co-fiduciary, that the testator was told of the fact that multiple commissions may be due and payable out of estate funds; and

(3) what the testator's reasons for nominating an attorney to serve as fiduciary or co-fiduciary were.

Failure to submit an affidavit of this nature may result in the denial of letters to an attorney. This rule shall be effective for all wills and codicils executed on or after June 1, 1990.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1950.2