(a) In all probate proceedings, with respect to a will and/or codicil executed prior to February 1, 1991, but after September 1, 1988, where the will and/or codicil of the deceased nominates an attorney as a fiduciary, there shall be annexed to the probate petition an affidavit of the testator/testatrix setting forth the following:

1. (1) that the testator/testatrix was advised at or about the time of the execution of the will and/or codicil, that the nominated attorney may be entitled to a legal fee, in addition to the fiduciary commissions authorized by statute;
2. (2) where there are co-fiduciaries, that the testator/testatrix was advised of the fact that multiple commissions may be due and payable out of the funds of the estate; and

3. (3) the testator's/testatrix's reasons for nominating the attorney to serve as fiduciary; and it is

   FURTHER ORDERED that

(b) In all probate proceedings, with respect to a will and/or codicil executed on or before September 1, 1988, where the will and/or codicil of the deceased nominates an attorney as a fiduciary, there shall be annexed to the probate petition an affidavit of the attorney setting forth the following:

1. (1) whether the testator/testatrix was advised, at or about the time of the execution of the will and/or codicil, that the attorney may be entitled to a legal fee, in addition to the fiduciary commissions authorized by statute;
2. (2) where there are co-fiduciaries, whether the testator/testatrix was advised of the fact that multiple commissions may be due and payable out of the funds of the estate; and

3. (3) the circumstances surrounding the attorney's appointment as fiduciary; and it is

   FURTHER ORDERED that

(c) With respect to a will and/or codicil executed on or before September 1, 1988, and providing that the testator/testatrix is not then deceased, and is competent, the attorney shall exercise all reasonable efforts to procure an affidavit from the testator/testatrix, which shall be annexed to the probate petition, and shall be in the form as set forth in ordered subdivision (d) of this section; and it is

FURTHER ORDERED that

(d) In all probate proceedings, with respect to a will and/or codicil executed after February 1, 1991, where the will and/or codicil of the deceased nominates an attorney as a fiduciary, there shall be annexed to the probate petition an affidavit of the testator/testatrix setting forth the following:

1. (1) that the testator/testatrix, was advised at or about the time of the execution of the will and/or codicil, that the nominated attorney-fiduciary is entitled to commissions, payable out of the funds of the estate and/or trust, pursuant to either New York SCPA section 2307 or section 2309, which are estimated to be in the sum of $ , predicated upon an estate and/or trust valued at $ ;
2. (2) where there are co-fiduciaries, that the testator/testatrix was further advised of the fact that each co-fiduciary is entitled to receive a commission payable out of the funds of the estate and/or trust, pursuant to either New York SCPA section 2307 or section 2309, and that such commission is estimated to be in the sum of $ for each fiduciary, predicated upon an estate and/or trust valued at $ ; and
3. (3) that the testator/testatrix was further advised that the nominated attorney-fiduciary may be entitled to a legal fee, in addition to the statutory fiduciary commissions pursuant to either New York SCPA section 2307 or section 2309 and the manner in which said fee shall be determined; and

4. (4) the testator's/testatrix's reason for nominating the attorney to serve as fiduciary.

   Failure to submit any one of the foregoing affidavits may warrant the scheduling of a hearing in order to determine whether the appointment of the attorney as fiduciary was procured by the exercise of fraud and/or undue influence upon the decedent.