N Y Probate
Junior Member
What is the name of your state? NY
I am filling in the Petition for Probate because the two executors named in my uncle's will are both declining. Therefore, I was told by the court to complete the "Petition for Probate" forms to become the executor.
My uncle left a will passing his estate onto two nephews, one of which has died. This leaves me, the other nephew the sole beneficiary of his will. In his will he also states that relatives, namely his brother and children through his second wife, would NOT receive anything from his estate. My uncle's will states "for reasons known only to them".
*The most basic question is that I want to become executor of my uncle's will. Is this form "Petition for Probate" the correct form for this?
My question is that on the form Petition for Probate is states:
"The names, relationships, domicile and addresses of all distributees (under EPTL 4-1.1 and 4-1.2), of each person designated in the Will herewith presented a s primary executor, of all persons adversely affected by the purported exercise by such Will of any power of appointment, of all persons adversely affected by any codicil and of all persons having an interest under any other will of the decendet of file in the Surrogate's Court, are hereinafter set forth in subdivisions (a) and (b)."
1. My understanding is the I am the ONLY distributee because only I would take the property of the decendent. Is this correct?
2. Does this paragraph above only relate to persons receiving part of the estate - the distributees?
3. For the people named in the will as NOT receiving anything from the estate this paragraph does NOT apply to them. Yes or No
4.Additionally, since there is only one distributee there is no need to fill out form P-4, "Waiver of Process: Consent to Probate" Correct? Originally, I thought the people mentioned in the will would need to sign this waiver even though they are only mentioned as not receiving any part of the estate.
5. Lastly, form P-6 "Notice of Probate" (SCPA 1409) applies only to the one and only distributee - me, so I do not have to give myself notice of probate. Correct?
I hope my information and questions are clear. Your help is greatly appreciated.
Thanks very much.
I am filling in the Petition for Probate because the two executors named in my uncle's will are both declining. Therefore, I was told by the court to complete the "Petition for Probate" forms to become the executor.
My uncle left a will passing his estate onto two nephews, one of which has died. This leaves me, the other nephew the sole beneficiary of his will. In his will he also states that relatives, namely his brother and children through his second wife, would NOT receive anything from his estate. My uncle's will states "for reasons known only to them".
*The most basic question is that I want to become executor of my uncle's will. Is this form "Petition for Probate" the correct form for this?
My question is that on the form Petition for Probate is states:
"The names, relationships, domicile and addresses of all distributees (under EPTL 4-1.1 and 4-1.2), of each person designated in the Will herewith presented a s primary executor, of all persons adversely affected by the purported exercise by such Will of any power of appointment, of all persons adversely affected by any codicil and of all persons having an interest under any other will of the decendet of file in the Surrogate's Court, are hereinafter set forth in subdivisions (a) and (b)."
1. My understanding is the I am the ONLY distributee because only I would take the property of the decendent. Is this correct?
2. Does this paragraph above only relate to persons receiving part of the estate - the distributees?
3. For the people named in the will as NOT receiving anything from the estate this paragraph does NOT apply to them. Yes or No
4.Additionally, since there is only one distributee there is no need to fill out form P-4, "Waiver of Process: Consent to Probate" Correct? Originally, I thought the people mentioned in the will would need to sign this waiver even though they are only mentioned as not receiving any part of the estate.
5. Lastly, form P-6 "Notice of Probate" (SCPA 1409) applies only to the one and only distributee - me, so I do not have to give myself notice of probate. Correct?
I hope my information and questions are clear. Your help is greatly appreciated.
Thanks very much.