Probate Forms
Official probate forms for Kings County Surrogate's Court — petition (P-1), citation, notice of probate, affidavit of comparison, and more with direct PDF links.
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Probate
14 forms
Petition for Probate and Letters Testamentary
Someone died and left a will. Before that will can be carried out, the court needs to verify it's valid and officially appoint the executor named in it. This form starts that process.
A family member died with a will and you need to carry out their wishes.
Petition for Ancillary Probate
When someone who lived outside New York died with a will but owned property in New York, this form asks the court to recognize the out-of-state probate.
The deceased lived outside NY but owned property here.
Probate Citation
A court order that notifies all interested parties about the probate proceeding. It gives them a chance to appear and object before the will is admitted.
You're filing for probate and need to notify people who may have a claim.
Petition for Successor Letters Testamentary
When the original executor can no longer serve (died, resigned, or was removed), this form asks the court to appoint the next person named in the will.
The original executor is unable to continue and a successor is named in the will.
Affidavit of Attesting Witness
A sworn statement from a witness who watched the deceased sign their will. The court needs this to verify the will is authentic.
You're probating a will and need witness testimony to prove it's valid.
Affidavit Proving Lost or Destroyed Will
If the original will cannot be found, this affidavit presents evidence that the will existed and what it said. The court uses it to decide whether to accept a copy.
The original will is missing but you have a copy or can prove its contents.
Affidavit of Heirship (Probate)
A sworn statement identifying who the deceased's legal heirs are. Lists family members and their relationship to the deceased.
The court needs to know who the deceased's legal heirs are.
Affidavit of Subscribing Witness (Self-Proving)
A pre-prepared witness affidavit attached to a self-proving will. If the will includes this, the witness may not need to appear in court.
The will has a self-proving affidavit and you need to submit it with the probate petition.
Affidavit of Comparison
A sworn statement confirming that a photocopy of the will is a true and accurate copy of the original document filed with the court.
You're submitting a copy of a will and need to certify it matches the original.
Affidavit of Mailing Notice of Probate
Proof that you mailed the required notice of probate to all parties entitled to receive it. The court requires this before it will issue letters.
You've mailed probate notices and need to prove it to the court.
Attorney Certification (22 NYCRR 207.4)
A required certification from the attorney handling the probate case, confirming compliance with court rules.
Your attorney is filing a probate petition and must certify compliance.
Probate Petition Checklist
A checklist of all documents you need to file with your probate petition. Use this to make sure your filing is complete.
Before filing a probate petition — use to check your paperwork.
Ancillary Probate Checklist
Checklist for filing an ancillary probate petition when the deceased lived outside New York.
Before filing an ancillary probate petition.
Administration c.t.a. Checklist
Checklist for filing administration with the will annexed (when the named executor cannot serve).
Before filing for administration c.t.a. — the will exists but the named executor can't serve.
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