2006 New York Code - Contents Of Petition



 
  § 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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.