Form CTA-1 - Petition for letters of administration c.t.a. after probate
For Office Use Only
Filing Fee Paid $ ____________
____________ Certs: $ ____________
$ ____________ Bond, Fee: ____________
Receipt No: ____________ No: ____________
DO NOT LEAVE ANY ITEMS BLANK
SURROGATE'S COURT OF THE STATE OF NEW YORK
COUNTY OF
________X
LETTERS OF ADMINISTRATION c.t.a., PETITION FOR
WILL OF LETTERS OF ADMINISTRATION c.t.a.
AFTER PROBATE
a/k/a SCPA 1418 and 1419
Deceased. File No. ________
________X
TO THE SURROGATE'S COURT, COUNTY OF :
It is respectfully alleged:
1. (a) The name, citizenship, domicile (or, in the case of a bank or trust company, its principal office) and interest in this proceeding of the petitioner(s) is/are as follows:
Name: ____________
Domicile or Principal Office: ____________
(Street and Number) (City, Village or Town)
____________
(County) (State) (Zip Code) (Telephone Number)
Mailing Address: ____________
(if different from domicile)
Citizenship (check one): [ ] U.S.A. [ ] Other (specify) ____________
Name: ____________
Domicile or Principal Office: ____________
(Street and Number) (City, Village or Town)
____________
(County) (State) (Zip Code) (Telephone Number)
Mailing Address: ____________
(if different from domicile)
Citizenship (check one): [ ] U.S.A. [ ] Other (specify) ____________
Interest(s) of Petitioner(s): [Check one]
[ ] Sole Beneficiary [ ] Residuary Beneficiary
[ ] Other [Specify] ____________
1. (b) The proposed Administrator c.t.a. [ ] is [ ] is not an attorney.
[NOTE: An Administrator c.t.a.-Attorney must comply with Uniform Court Rule 207.16(e). (See also 207.52)]
2. The will of the above-named decedent was admitted to probate by the Surrogate's Court of ____________ County on ________ and Letters Testamentary were issued to ____________,
who on ________,
[ ] died [ ] resigned [ ] was removed.
CTA-1 (7/98) -1-
3. The names and addresses of all persons and parties interested in this proceeding having a right to letters of administration c.t.a. (with the will annexed) prior or equal to the petitioner under the provisions of SCPA § 1418 and 1419, are as follows: [Furnish all information specified in NOTE below, if required]
Name and Domicile Address and Description of Legacy, Devisee
Relationship Mailing Address or Other Interest, or Nature of Fiduciary Status
4. The names and addresses of all persons and parties who are beneficiaries named in the will other than those named in paragraph 3 above are as follows: [Furnish all information specified in NOTE below, if required]
Name and Domicile Address and Description of Legacy, Devisee
Relationship Mailing Address or Other Interest, or Nature of Fiduciary Status
5. There are no persons other than those hereinbefore mentioned interested in this proceeding.
6. There are no outstanding debts or funeral expenses, except: [If "NONE" so state]
7. (a) To the best of the knowledge of the undersigned, property of the estate remains unadministered as follows:
Personal Property $________ Improved real property in New York State $____________
Unimproved real property in New York State $____________
Estimated gross rents for a period of 18 months $____________
(b) No other testamentary assets exist in New York State, nor does any cause of action exist on behalf of the estate, except as follows: [Enter "NONE" or specify]
[NOTE: In the case of each infant, state (a) name, birth date, relationship to decedent, domicile and residence address, and the person with who he/she resides, (b) whether or not he/she has a court-appointed guardian (if not so state), and whether or not his/her father and/or mother is living, and (c) the name and residence address of any court-appointed guardian and the information regarding such appointment. In the case of each other person under a disability, state (a) name, relationship to decedent, and residence address, (b) facts regarding this disability including whether or not a committee, conservator, guardian, or any other fiduciary has been appointed and whether or not he/she has been committed to any institution, and (c) the names and addresses of any committee, person or institution having care and custody of him/her; conservator; guardian; and any relative or friend having an interest in his/her welfare. In the case of a person confined as a prisoner, state place of incarceration and list any person having an interest in his/her welfare.]
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WHEREFORE, petitioner(s) pray(s) (a) that process issue to all necessary parties and (b) that letters issue as follows:
Letters of Administration c.t.a. to: ____________
____________
(c) [State any other relief requested]
Dated: ________
1.
(Signature of Petitioner) 2.
(Signature of Petitioner)
______________
(Print Name)
(Print Name)
3.
______________
(Name of Corporate Petitioner)
______________
(Signature of Officer)
______________
(Print Name and Title of Officer)
CTA-1 (7/98) -3-
COMBINED VERIFICATION, OATH & DESIGNATION
[For use when petitioner is to be appointed administrator c.t.a.]
STATE OF )
COUNTY OF ) ss:
The undersigned, the petitioner named in the foregoing petition, being duly sworn, says:
1. VERIFICATION: I have read the foregoing petition subscribed by me and know the contents thereof, and the same is true of my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true.
2. OATH OF ADMINISTRATOR c.t.a.: I am over eighteen (18) years of age and a citizen of the United States; I will well, faithfully and honestly discharge the duties of administrator c.t.a., I am not ineligible to receive letters.
3. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I do hereby designate the Clerk of the Surrogate's Court of ________ County, and his or her successor in office, as a person on whom service of any process issuing from such Surrogate's Court may be made, in like manner and with like effect as if it were served personally upon me, whenever I cannot be found within the State of New York after due diligence used.
My domicile is
(Street Address) (City/Town/Village) (State) (Zip Code)
______________
(Signature of Petitioner)
______________
(Print Name)
On ____________, ________, before me personally came
____________
to me known to be the person described in and who executed the foregoing instrument. Such person duly swore to such instrument before me and duly acknowledged that he/she executed the same.
______________
Notary Public
Commission Expires:
(Affix Notary Stamp or Seal)
Signature of Attorney: ____________
Print Name: ____________
Firm Name: ____________ Tel. No.: ________
Address of Attorney: ____________
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COMBINED CORPORATE VERIFICATION, CONSENT AND DESIGNATION
[For use when a petitioner to be appointed is a bank or trust company]
STATE OF )
COUNTY OF ) ss:
The undersigned, a
(Title) of
(Name of Bank or Trust Company)
a corporation duly qualified to act in a fiduciary capacity without further security, being duly sworn, say:
1. VERIFICATION: I have read the foregoing petition subscribed by me and know the contents thereof, and the same is true of my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true.
2. CONSENT: I consent to accept the appointment as Administrator c.t.a. of the decedent described in the foregoing petition and consent to act as such fiduciary.
3. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I do hereby designate the Clerk of the Surrogate's Court of ________ County, and his or her successor in office, as a person on whom service of any process issuing from such Surrogate's Court may be made in like manner and with like effect as if it were served personally upon me, whenever I cannot be found within the State of New York after due diligence used.
______________
(Name of Corporate Petitioner)
______________
(Signature of Officer)
______________
(Print Name and Title of Officer)
On the ________, ________, before me personally came ____________
to me known, who duly swore to the foregoing instrument and who did say that he/she resides at____________
________ and that he/she is a ____________
of ____________ corporation/national banking association described in and which executed such instrument, and the he/she signed his/her name thereto by order of the Board of Directors of the corporation.
______________
Notary Public
Commission Expires:
(Affix Notary Stamp or Seal)
Signature of Attorney: ____________
Print Name: ____________
Firm Name: ____________ Tel. No.: ________
Address of Attorney: ____________
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