What is a petition?

• A. A notice of hearing
• B. A verified application requesting action upon a matter or relief provided for in the estates, powers and trusts law or this act.
• C. A writ of execution
• D. A request for continuance

Answer: (B)

In Surrogate’s Court practice, a petition is the formal pleading that starts a proceeding by asking the court to take action or grant relief allowed under the Estates, Powers and Trusts Law (EPTL) or the Surrogate’s Court Procedure Act (SCPA). It must be verified, meaning the applicant swears to the truth of the facts stated, to establish jurisdiction and the basis for relief. The petition lays out who is involved, the facts giving rise to the matter, the statutes under which relief is sought, and the specific remedy requested, such as probate, administration, appointment of a fiduciary, or other relief available in the court.

That’s why this option fits best: it precisely describes a verified application requesting court action or relief under the relevant statutes. By contrast, a notice of hearing merely informs parties of a hearing; a writ of execution is a post-judgment tool to collect a debt; and a request for continuance is a motion to delay proceedings. None of those initiate a surrogate’s court proceeding in the way a petition does.