Everything you need to know about New York Form P-2, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related NY probate forms.
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There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.
Application For Preliminary Letters Testamentary With Oath And Designation Of Preliminary Executor is a commonly used form within New York. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Preliminary Letters Testamentary With Oath And Designation Of Preliminary Executor:
Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about New York’s Form P-2 - Application For Preliminary Letters Testamentary With Oath And Designation Of Preliminary Executor up to date, certain details can change from time-to-time with little or no communication.
Double check that you have both the correct form name and the correct form ID. Some New York probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.
Fill out all relevant fields in Form P-2, take a break, and then review. Probate and estate settlement processes in NY are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!
Note: If you don’t currently know all of the answers and are accessing Form P-2 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).
Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.
This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.
It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.
Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?
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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.
While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.
Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in New York.
If you’re not using Atticus to get specific forms, deadlines, and timelines for New York probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local New York probate clerk or court for exact answers regarding Form P-2, and when in doubt— consult a qualified trust & estates lawyer for that area.
Application For Preliminary Letters Testamentary With Oath And Designation Of Preliminary Executor is one of the many probate court forms available for download through Atticus.
It may also be available through some New York probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within New York.
While Atticus automatically provides the latest forms, be sure to choose the correct version of Form P-2 - Application For Preliminary Letters Testamentary With Oath And Designation Of Preliminary Executor f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the New York probate court office.
Application For Preliminary Letters Testamentary With Oath And Designation Of Preliminary Executor is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any New York-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.
What is probate, exactly?
Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).
All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate.
To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate.
Where can I get help with Probate?
The best place? Create an account in Atticus to start getting estate-specific advice.
You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make the best decisions (plus you can write it off as an executor expense).
We’ve also created a list of other probate services. Be sure to check it out!
What does a NY executor or personal representative have to do?
An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone.
The executor is responsible for the complete management of the probate process, including major responsibilities such as:
And much more. This process often stretches longer than a year.
For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding.
Here’s the text, verbatim, that is found on New York Form P-2 - Application For Preliminary Letters Testamentary With Oath And Designation Of Preliminary Executor. You can use this to get an idea of the context of the form and what type of information is needed.
SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF X PROBATE PROCEEDING, APPLICATION FOR WILL OF PRELIMINARY LETTERS TESTAMENTARY (See SCPA 1412) a/k/a File # Deceased. X 1. The proposed preliminary executor (s) is/are and is/are designated as executor (s) in the Will of the above named decedent dated (together with Codicil (s) dated ) and duly filed with the court. 2. The person (s) who would have a right to letters testamentary pursuant to Section 1412.1 is/are: [Enter “NONE” or specify name and interest] 3. Preliminary letters are requested for the following reasons: 4. Probate is expected to be completed by: 5. A contest □ is □ is not expected. 6. The testamentary assets of decedent’s estate are estimated as follows: [describe and state value; annex schedule if space is insufficient] Personal Property: Total Personal Property: $ Real Property: Total Real Property: $ 18 months rent, if applicable: Total of 18 month’s rent: $ 7. The liabilities of this estate are: 8. By provision in the propounded will, the applicant(s) [is/are] [are not] required to file a bond or other security for the performance of his/her/their duties. Your applicant (s) respectfully request the issuance to of preliminary letters testamentary upon qualifying. Dated: (Applicant) (Applicant) OATH & DESIGNATION OF PRELIMINARY EXECUTOR STATE OF NEW YORK ) COUNTY OF ) ss.: I, the undersigned, being duly sworn say: 1.OATH OF PRELIMINARY EXECUTOR: I am over eighteen (18) years of age and a citizen of the United States; I am an executor named in the Will described in the foregoing petition and will well, faithfully and honestly discharge the duties of preliminary executor and duly account for all money or property which may come into my hands. I am not ineligible to receive letters. 2.DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I hereby designate the Clerk of the Surrogate’s Court of County, and his/her successor in office, as a person on whom service of any process issuing from such Surrogate’s Court may be made, in like manner and with like effect as if it were served personally upon me whenever I cannot be found and served within the State of New York after due diligence used. My domicile is : (Street Address) (City/Town/Village) (State) (Zip) (Signature of Petitioner) (Print Name) On , 20 , before me personally came , to me known to be the person described in and who executed the foregoing instrument. Such person duly swore to such instrument before me and duly acknowledged that he/she executed the same. Notary Public: Commission Expires: (Affix Notary Stamp or Seal) Signature of Attorney: Print Name: Firm Name: Tel No.: Email: Address of Attorney: NOTE: Each Preliminary Executor must complete a combined Oath & Designation of Preliminary Executor. CONSENT AND DESIGNATION OF CORPORATE PRELIMINARY EXECUTOR STATE OF NEW YORK ) COUNTY OF ) ss.: I, the undersigned, a of (Title) (Name of Bank or Trust Company) a corporation duly qualified to act in a fiduciary capacity without further security, being duly sworn, says: 1.CONSENT: I consent to accept the appointment as Preliminary Executor under the Last Will and Testament of the decedent described in this application and consent to act as such fiduciary. 2.DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I designate the Chief Clerk of the Surrogate’s Court of County, and his/her successor in office, as a person on whom service of any process issuing from such Surrogate’s Court may be made, in like manner and whenever one of its proper officers cannot be found and served within the State of New York after due diligence used. (Name of Bank or Trust Company) (Signature) , 20 , before me personally came , to me known, who duly swore to the foregoing instrument and who did say that he/she resides at and that he/she is a of the corporation/national banking association described in and which executed such instrument, and that he/she signed his/her name thereto by order of the Board of Directors of the corporation. Notary Public: Commission Expires: (Affix Notary Stamp or Seal) Signature of Attorney: Print Name: Firm Name: Tel No.: Email: Address of Attorney: (Print Name and Title) By: On
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