Proceedings for estate administration: are OR are not pending. 7. If decedent died testate, an executed copy of the will must be attached to this declaration."Set-Aside Petition. When a decedent, or a person who dies, leaves a will, a proceeding must be completed in the Surrogate's Court to probate or prove the will. Probate is the process of proving that the Will is valid (legally acceptable). During probate, the Will must be proved to the satisfaction of the Court. Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. The first step is to file the "Petition to Set Aside without Administration" with your local probate court. A spousal property set aside is a simplified procedure to clear title to a property passing from a decedent to a surviving spouse.