N.Y. Surrogate's Court Procedure Act § 304: Contents of petition In addition to such other requirements as may be applicable to the petition in a particular proceeding, a petition m...

§ 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.