New York County Surrogate's Court New York County, Instructions for Notice to Consul General

Instructions for 

NOTICE TO CONSUL GENERAL

• When foreign consuls are granted powers by treaty to protect their citizens’ interests in estate matters, the court requires that a Notice to Consul General be sent to such consuls (Uniform Rule 207.21).

• In an Administration Proceeding, this Notice is only necessary if:

  1. the decedent was not a US Citizen

  OR

  2. the decedent has distributees (heirs) who are not US Citizens

• To properly notify the Consul General of a particular country, please do the following:

  1. Complete the Notice to Consul General (Form A-5):

     a) Insert the decedent’s name(s) in the caption

     b) If an Administration Petition has already been filed, insert the file number in the upper right-hand corner.

     c) Insert the date the Administration Petition was filed, or will be filed, in the space provided.

     d) If the decedent was a non-US citizen, indicated the decedent’s country of citizenship at (a).

     e) If a decedent’s distributee (heir) is a non-US Citizen, provide the distributee’s (heir’s) name, address, and country of citizenship at (b).

     f) Include the address and telephone number of petitioner’s attorney, or if none, that of the petitioner, where provided.

  2. Make one (1) photocopy of the Notice and mail that photocopy to the New York City location of the indicated country’s Consul General.

     PLEASE NOTE THAT THE NOTARY’S PORTION AT THE BOTTOM OF THE FORM SHOULD NOT BE COMPLETED BEFORE MAILING.

  3. After mailing the photocopy, complete the bottom portion of the original Notice as proof of mailing and sign it in front of a notary public.
  4. Submit the original, notarized Notice to Consul General to the Administration Department, Room 505.