Franklin
Surrogate's Court
SOME OF THE REQUIREMENTS FOR FILING A PROBATE PROCEEDING:

____ Submit only the original of all documents

____ Petition must be dated and venue of the Oaths and Designation completed

____ Certification pursuant to Part 130-1.1-a of the Rules of the Chief Administrator

____ Certification pursuant to Court Rules §207.4(b) if the forms are produced

on computer or word processor.

____ Probate Petition (Form P-1) [file form P-2 if requesting Preliminary Letters]

____ Original Last Will and Testament/Codicils

____ Death Certificate [Court Rules §207.15(b)]

(If residence listed on death certificate is different from residence listed on Petition, attach an Affidavit explaining the difference and whether an Estate proceeding has been commenced in some other jurisdiction).

____ Certified copy of death certificate of any predeceased interested parties.

____ Family Tree (Form FT-1)

____ Affidavit RE: no distributees, one distributee, or relationship of distributees to the decedent is grandparents, aunts uncles, first cousins once removed [Court Rules 207.16(c)] (if applicable)

____ Affidavit RE: due diligence - unknowns or unknown addresses (Court Rules

§207.16(d)] (if applicable]

____ Waiver of Process; Consent to Probate (Form P-4) [from all persons listed under 6(a) of Probate Petition]

Or

____ Proposed Citation (Form P-5) [to be served upon anyone who has not signed a waiver/consent form-Probate Petition 6(a)(b)]

____ With Citation provide two (2) copies of Will being offered for probate

____ Affidavit(s) of Attesting Witness (Form P-3)

____ Notice of Probate - Affidavit of Mailing (Form P-6)[to all listed under 7 of Probate Petition]

____ Attorney-Fiduciary Affidavit [Court Rules §207.16(e)] (if applicable)

____ Filing Fee based upon the table below

____ Certificate(s) showing the appointment of the fiduciary ($5.00 each)

Filling Fee based upon the value of the Estate owned individually by the decedent or payable to the Estate (SCPA §2402)

Less than 10,000 $ 35.00

10,000 but under 20,000 60.00

20,000 but under 50,000 170.00

50,000 but under 100,000 225.00

100,000 but under 250,000 335.00

250,000 but under 500,000 500.00

500,000 and over 1000.00

 
 

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New York State Unified Court System Lady Justice
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