{"jurisdiction": "us-ny", "code": "nycrr", "section": "207.18", "citation": "Uniform Rules § 207.18", "heading": "Use of virtual representation", "text": ["(a) In any accounting proceeding where representation is to be utilized pursuant to subdivision 5 of SCPA 315, an affidavit of the petitioner or petitioner's attorney, and of the representor, must be submitted setting forth the following information:", "(1) In the affidavit of the petitioner or petitioner's attorney:", "(i) the name, address and the interest in the estate of the representor;", "(ii) the name, address and the interest in the estate of the representees; and", "(iii) the statutory basis for the use of virtual representation.", "(2) In the affidavit of the representor:", "(i) that the representor has fully reviewed the proceedings;", "(ii) the steps taken by the representor to adequately represent the interest of the representees in order to make a considered judgment whether to appear, default, acquiesce or contest the proceedings; and", "(iii) that the representor has no conflict of interest in adequately representing the representees.", "(b) If the court in any other proceeding, or in an accounting proceeding in circumstances other than set forth in subdivision (a) of this section, questions adequacy of representation by the representor, it may direct the filing of the affidavits set forth in subdivision (a)."], "official_source": "https://www.nycourts.gov/rules/part-207-uniform-rules-surrogates-court", "from_official_api": true, "plain_english": "This rule requires affidavits when **virtual representation** (one person representing others' interests) is used.\n- **(a)** In an **accounting proceeding** using representation under **SCPA 315(5)**, affidavits **must be submitted** by the **petitioner or petitioner's attorney** and by the **representor**:\n  - **(1)** The **petitioner's (or attorney's) affidavit** states **(i)** the **name, address and estate interest** of the **representor**, **(ii)** the same for the **representees**, and **(iii)** the **statutory basis** for virtual representation.\n  - **(2)** The **representor's affidavit** states **(i)** that the representor has **fully reviewed** the proceedings, **(ii)** the **steps taken** to adequately represent the representees so as to judge whether to **appear, default, acquiesce or contest**, and **(iii)** that the representor has **no conflict of interest**. ★\n- **(b)** In **any other proceeding**, or an accounting in other circumstances, if the court **questions the adequacy** of representation it **may direct** the filing of these affidavits. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/nycrr/207.18", "publisher": "Elyphived LLC"}