Petitions for Letters of Administration
Estate of a deceased man who had a non-marital child or non-marital children
(See Estates, Powers, and Trust Law 4-1.2)
With respect to each non-marital child:
- Complete and file “Schedule A - Non Marital Persons (Persons Born Out of Wedlock).”
- File a copy of the child’s birth certificate.
If an Order of Filiation was issued, or if the decedent executed an Acknowledgment of Paternity in accordance with Public Health Law 4135-b, file a copy.
If an Order of Filiation or Acknowledgment of Paternity exists with respect to all non-marital children, STOP.
- If not, add the following statement to the petition, at page 4, paragraph f., under, “State any other relief requested”:
the court find that (Name[s] of non-marital child[ren]) is(are) the child(ren) and distributee(s) of the decedent. - File a Family Tree or Heirship Affidavit made by a disinterested person who can identify those family members who would share in the decedent’s estate if the court were to find that the alleged non-marital child or children are not decedent’s children therefore not entitled to share in his estate.
- List such family members in the petition.
- File a Waiver and Consent (form A-8) from each person listed in the petition (except the petitioner) containing the following statement:
(Name of decedent) openly and notoriously acknowledged (Name[s] of non-marital child[ren]) to be his child(ren). I understand that by signing this waiver, my share of the estate may be reduced or eliminated. - If a Waiver and Consent cannot be obtained from all persons listed in the petition, submit a completed citation (form A-2). Once the citation has been issued by the clerk and a court date scheduled, you arrange for service of the citation on each person who did not consent, then appear in court on the scheduled date.