{"jurisdiction": "us-ny", "code": "nycrr", "section": "207.49", "citation": "Uniform Rules § 207.49", "heading": "Applications for appointment of successor custodians under EPTL 7-4.7", "text": ["(a) A petition for the appointment of a successor custodian under EPTL 7- 4.7 shall show:", "(1) the relationship between the petitioner and the minor;", "(2) the age of the minor;", "(3) the facts concerning the original gift;", "(4) whether the donor was the original custodian and, if not, whether he or she joins in the application;", "(5) the adult members of the minor's family;", "(6) whether there is a general or testamentary guardian of the minor and, if so, whether he or she joins in the application;", "(7) what was the relationship between the custodian and the petitioner if the donor was the custodian and is now deceased;", "(8) if the donor custodian and petitioner were husband and wife, whether they were living together and whether the infant resided with them;", "(9) with whom the minor is now living; and", "(10) the monies and securities to be delivered to the successor custodian and the value of such securities.", "(b) If the donor was a relative of the minor and has died leaving a will, a copy of the will should be submitted.", "(c) Additional facts and affidavits shall be submitted as will permit the court to determine from the papers, in the absence of a contest, that the best interests of the minor will be served by the appointment of the petitioner as successor custodian, rather than by the appointment of some other eligible person.", "(d) Unless otherwise ordered by the court, and unless such person or persons have joined in the application, notice of the application shall be served upon (1) such persons as are required to be served in a proceeding for the appointment of a guardian, (2) the donor, if he or she is alive, and the guardian, if there is one of the minor."], "official_source": "https://www.nycourts.gov/rules/part-207-uniform-rules-surrogates-court", "from_official_api": true, "plain_english": "This rule sets what a petition must contain to appoint a **successor custodian** for a minor's gift under **EPTL 7-4.7**.\n- **(a)** The petition shall show:\n  - **(1)** the petitioner's **relationship to the minor**;\n  - **(2)** the minor's **age**;\n  - **(3)** the facts of the **original gift**;\n  - **(4)** whether the **donor was the original custodian** and, if not, whether the donor **joins** in the application;\n  - **(5)** the **adult members** of the minor's family;\n  - **(6)** whether there is a **general or testamentary guardian** and, if so, whether that guardian joins;\n  - **(7)** the relationship between the custodian and petitioner if the **donor was the custodian and has died**;\n  - **(8)** if the donor custodian and petitioner were **husband and wife**, whether they **lived together** and whether the child lived with them;\n  - **(9)** **with whom the minor now lives**;\n  - **(10)** the **money and securities** to be delivered to the successor custodian and the **value of the securities**.\n- **(b)** If the donor was a **relative** of the minor and **died leaving a will**, a **copy of the will should be submitted**.\n- **(c)** Enough additional facts and affidavits shall be submitted for the court to find from the papers, if uncontested, that the **minor's best interests** are served by appointing the **petitioner** rather than another eligible person. ★\n- **(d)** Unless the court orders otherwise, and unless they joined in the application, **notice must be served** on **(1)** the persons who must be served in a **guardianship appointment** proceeding and **(2)** the **donor, if alive**, and the minor's **guardian, if any**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/nycrr/207.49", "publisher": "Elyphived LLC"}