Form P-2 - Application for preliminary letters testamentary
Form P-2
(Application for Preliminary
Letters Testamentary)
SURROGATE'S COURT OF THE STATE OF NEW YORK
COUNTY OF
________X
PROBATE PROCEEDING, Will of
APPLICATION FOR
PRELIMINARY LETTERS TESTAMENTARY
a/k/a (See SCPA 1412)
Deceased. File # ________
________X
1. The proposed preliminary executor(s) is/are ____________
____________ and is/are designated as executor(s) in the Will of the above named decedent dated ____________
(together with Codicil(s) dated ____________) and duly filed with the court.
2. The person(s) who would have a right to letters testamentary pursuant of Section 1412.1 is/are: [Enter "NONE" or specify name and interest]
____________
3. Preliminary letters are requested for the following reasons:
____________
____________
____________
4. Probate is expected to be completed by: ____________
5. A contest [ ] is [ ] is not expected.
6. The testamentary assets of decedent's estate are estimated as follows: [describe and state value; annex schedule if space is insufficient]
Personal Property: ____________
____________
____________
Total Personal Property: $ ________
Real Property: ____________
____________
____________
Total Real Property: $ ________
18 months rent, if applicable: ____________
____________
____________
Total of 18 months rent: $ ________
7. The liabilities of this estate are: ____________
____________
____________
8. By provision in the propounded will, the applicant(s) [is/are] [are not] required to file a bond or other security for the performance of his/her/their duties.
P-2 (9/96)
Your applicant(s) respectfully request the issuance to ____________
____________
of preliminary letters testamentary upon qualifying.
Dated:____________
______________
Applicant
______________
Applicant
OATH & DESIGNATION OF PRELIMINARY EXECUTOR
STATE OF NEW YORK )
COUNTY OF ) ss.:
I, the undersigned, ________ being duly sworn, say:
1. OATH OF PRELIMINARY EXECUTOR: I am over eighteen (18) years of age and a citizen of the United States; I am an executor named in the Will described in the foregoing petition and will well, faithfully and honestly discharge the duties of preliminary executor and duly account for all money or property which may come into my hands. I am not ineligible to receive letters.
2. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I hereby designate the Clerk of the Surrogate's Court of ________County, and his/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 and served within the State of New York after due diligence used.
My domicile is:
(Street Address) (City/Town/Village) (State) (Zip)
(Signature of Petitioner)
(Print Name)
On ____________, 19________, before me personally came
____________
to me know 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)
Name of Attorney: ____________ Tel. No.: ________
Address of Attorney: ____________
NOTE: Each Preliminary Executor must complete a combined Oath & Designation of Preliminary Executor.
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CONSENT AND DESIGNATION OF CORPORATE PRELIMINARY EXECUTOR
STATE OF NEW YORK )
COUNTY OF ) ss.:
I, 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. CONSENT: I consent to accept the appointment as Preliminary Executor under the Last Will and Testament of the decedent described in this application and consent to act as such fiduciary.
2. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I designate the Chief Clerk of the Surrogate's Court of ________ County, and his/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 whenever one of its proper officers cannot be found and served within the State of New York after due diligence used.
______________
(Name of Bank or Trust Company)
BY
_____________
(Signature)
______________
(Print Name and Title)
On ________, 19________, 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
________ the corporation/national banking association described in and which executed such instrument, and that 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)
Name of Attorney: ____________ Tel. No.:________
Address of Attorney:____________
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