NY SCPA 304: Contents of Petition

The New York Surrogate’s Court Procedure Act (SCPA) § 304 outlines the essential components required in a petition for estate proceedings. To ensure proper jurisdiction and involvement, the petition must include key information: the names and domiciles of relevant parties, the facts that establish the court’s authority, and the details of all individuals whose interests are involved. This includes specifics on minors, incapacitated or unknown persons, and incarcerated individuals, with appropriate connections to the estate. Compliance with these requirements is crucial for ensuring due process and safeguarding the interests of all parties in estate proceedings.

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§ 304. Contents of petition

In addition to such other requirements as may be applicable to the petition in a particular proceeding, a petition must substantially set forth:

1. The title of the proceeding, the name and domicile of the person to whose estate or person the proceeding relates and of the petitioner.

2. The facts upon which the jurisdiction of the court depends in the particular proceeding.

3. So far as they can be ascertained with due diligence, the names and addresses of all the persons interested upon whom service of process is required or concerning whom the court is required to have information; and in addition there shall be shown by petition or affidavit in form satisfactory to the court, the following:

(a) If any person be an infant, his age, the date of his birth, whether he has a guardian, whether his father, or if he be dead, his mother, is living, his connection with the estate, and the names and addresses of such persons and the person with whom the infant resides.

(b) If any person be an incompetent, the name and address of his committee, if any, and of the person or institution having his care and custody and if there be no committee, the name and address of an adult relative or friend having an interest in his welfare.

(c) If any person be an incapacitated person, the facts regarding his incapacity and if confined, the name and address of the institution having his care and custody and the name and address of an adult relative or friend having an interest in his welfare, and if a conservatee as designated in section 77.01 of the mental hygiene law, the name and address of his conservator.

(d) If any person be unknown or his name or whereabouts be unknown, a general description of such person, showing his connection with the estate and his interest in the proceeding and the facts showing what effort has been made to ascertain his name or whereabouts.

(e) If any person be a prisoner confined in this state or elsewhere, the name and address of the institution in which he is confined, and the name and address of an adult relative or friend having an interest in his welfare.

(f) If any person be included in a class, and his name be unknown, the names and addresses of those persons of the class who are known, and a general description of all other persons belonging to the class, their connection with the estate, and their interest in the proceeding.

4. That there are no other persons than those mentioned interested in the application or proceeding.

5. A request for the relief sought.