Legal Question in Wills and Trusts in New York

Re: Form for a Probate Citation in Nassau County NY

You can obtain forms from the surrogate's court or go to www.nycourts.gov. Click on Litigants, then Forms. There are fillable surrogate's court forms. Citations are issued by the court. You should check with the probate clerk and ask if they will prepare the actual form.

Regarding service - surrogate's court citations must be served by personal delivery only, i.e. in hand delivery, if service is within New York state. Alternate means of service are not permitted, e.g. mail, etc., without court approval. Sevice must be made at least ten days prior to the return date of the citation, if served in New York state. If serving out of state, mail delivery is permitted.

Service must be made by someone other than the petitioner (the executor). Proof of service must be filed with the court.

The requirements concerning who must be cited and served and the method and timing of service are very strict. You should consult with an attorney regarding proper procedure. Attorney's fees are paid out of the proceeds of the estate. Please contact my office directly if you would like to discuss your situation further.