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  • New York Surrogate's Court Procedure - Article 1 - General
    Section 101. Short title; how cited. 102. Application of CPLR and other laws. 103. Definitions. 104. Application of act; confirmation of previous acts. 105. Rules...
  • New York Surrogate's Court Procedure - § 101 - Short Title; How Cited
    This act shall be known as the surrogate's court procedure act and may be cited as "SCPA". A provision of this act may be cited...
  • New York Surrogate's Court Procedure - § 102 - Application of Cplr and Other Laws
    The CPLR and other laws applicable to practice and procedure apply in the surrogate's court except where other procedure is provided by this act.
  • New York Surrogate's Court Procedure - § 103 - Definitions
    When used in this act, unless otherwise required by the context, or unless a contrary intent is expressly declared in the provision to be construed,...
  • New York Surrogate's Court Procedure - § 104 - Application of Act; Confirmation of Previous Acts
    Each provision of this act relating to the jurisdiction of the surrogate's court over lifetime trusts or to take the proof of a will and...
  • New York Surrogate's Court Procedure - § 105 - Rules for Surrogates' Courts
    The court in each county may make such rules for the conduct of business in its court as it may deem necessary, not inconsistent with...
  • New York Surrogate's Court Procedure - § 106 - Appendix of Official Forms
    The state administrator of the state of New York shall have the power to adopt, amend and rescind an appendix of forms. Forms adopted pursuant...
  • New York Surrogate's Court Procedure - Article 2 - Jurisdiction and Powers
    Section 201. General jurisdiction of the surrogate's court. 202. Enumerated proceedings not exclusive. 203. Jurisdiction of parties and subject matter. 204. Presumption of jurisdiction. 205....
  • New York Surrogate's Court Procedure - § 201 - General Jurisdiction of the Surrogate's Court
    1. The court has, is granted and shall continue to be vested with all the jurisdiction conferred upon it by the Constitution of the State...
  • New York Surrogate's Court Procedure - § 202 - Enumerated Proceedings Not Exclusive
    The proceedings enumerated in this act shall not be deemed exclusive and the court is empowered in any proceeding, whether or not specifically provided for,...
  • New York Surrogate's Court Procedure - § 203 - Jurisdiction of Parties and Subject Matter
    The court obtains jurisdiction in every case to make a decree or other determination by the existence of the jurisdictional facts prescribed by statute. The...
  • New York Surrogate's Court Procedure - § 204 - Presumption of Jurisdiction
    Where the jurisdiction of the court to make a decree or other determination is drawn in question collaterally, the jurisdiction is presumptively and in the...
  • New York Surrogate's Court Procedure - § 205 - Domiciliaries; Jurisdiction and Venue
    1. The surrogate's court of any county has jurisdiction over the estate of a decedent who was a domiciliary of the state at the time...
  • New York Surrogate's Court Procedure - § 206 - Non-domiciliaries; Jurisdiction and Venue
    1. The surrogate's court of any county has jurisdiction over the estate of any non-domiciliary decedent who leaves property in the state, or a cause...
  • New York Surrogate's Court Procedure - § 207 - Lifetime Trusts; Jurisdiction and Venue
    1. The surrogate's court of any county has jurisdiction over the estate of any lifetime trust which has assets in the state, or of which...
  • New York Surrogate's Court Procedure - § 208 - Jurisdiction; How Affected by Locality of Certain Assets
    For the purpose of conferring jurisdiction upon the court: 1. A debt or a cause of action for wrongful death, in favor of a non-domiciliary...
  • New York Surrogate's Court Procedure - § 209 - Powers Incidental to Jurisdiction of the Court
    The court has power: 1. To open, vacate, modify or set aside any decree or order of the court directing distribution of the property of...
  • New York Surrogate's Court Procedure - § 210 - Jurisdictional Predicate
    1. Traditional bases. The court shall exercise jurisdiction over persons and property as heretofore or hereafter permitted by law. 2. Additional bases. (a) The court...
  • New York Surrogate's Court Procedure - § 211 - When Jurisdiction in Personam Obtained
    The court may exercise personal jurisdiction over any person as to any matter within the subject matter jurisdiction of the court, if, on analogous facts...
  • New York Surrogate's Court Procedure - § 212 - Service of Process
    All processes of the court may be served and executed in any part of the state and without the state when authorized by law.
  • New York Surrogate's Court Procedure - Article 3 - Proceedings, Pleadings and Process
    Section 301. Statute of limitations. 302. Pleadings. 303. Verification. 304. Contents of petition. 305. Process, where returnable. 306. Citation. 307. Service of process. 308. Return...
  • New York Surrogate's Court Procedure - § 301 - Statute of Limitations
    after the commencement of the original proceeding, based upon the same instrument, transaction or occurrence or transactions or occurrences within one hundred twenty days of...
  • New York Surrogate's Court Procedure - § 302 - Pleadings
    , except an account, shall be served upon any party who has appeared in the proceeding and demanded a copy of all papers be served...
  • New York Surrogate's Court Procedure - § 303 - Verification
    All pleadings shall be verified in the manner provided by CPLR 3020.
  • New York Surrogate's Court Procedure - § 304 - Contents of Petition
    In addition to such other requirements as may be applicable to the petition in a particular proceeding, a petition must substantially set forth: 1. The...
  • New York Surrogate's Court Procedure - § 305 - Process, Where Returnable
    The process of a surrogate's court, except where otherwise prescribed by law, must be made returnable before the court from which it was issued.
  • New York Surrogate's Court Procedure - § 306 - Citation
    shall be attested in the name of the judge of the court and by the seal of the court, the original shall be filed by...
  • New York Surrogate's Court Procedure - § 307 - Service of Process
    be made upon any one of the following, unless any such one of them is the petitioner, in which case no such service shall be...
  • New York Surrogate's Court Procedure - § 308 - Return Day of Citation
    1. Based on place of service. Except as otherwise provided in subdivisions 2 and 3, the time of the return of a citation shall be...
  • New York Surrogate's Court Procedure - § 309 - When Service of Process Complete
    1. Service by personal delivery. The service of process is complete immediately upon personal delivery to the respondent when service is so made. 2. Service...
  • New York Surrogate's Court Procedure - § 310 - Who May Serve Process
    1. Any person over the age of 18 years, although a party, may serve process of the court within the state. 2. Personal service of...
  • New York Surrogate's Court Procedure - § 311 - Designee for Person Under Disability
    Whenever the person to be served is a person under disability, whether or not a party so requests, the court may in the interest of...
  • New York Surrogate's Court Procedure - § 312 - Additional Parties; Supplemental Process
    The court may issue a supplemental process at any time and require any party to procure it and cause it to be served in conformity...
  • New York Surrogate's Court Procedure - § 313 - Manner of Giving Notice When Not Otherwise Prescribed
    Whenever the manner of giving notice is not otherwise prescribed, the court may direct both as to the form of notice and the manner and...
  • New York Surrogate's Court Procedure - § 314 - Proof of Service of Subpoena or Process
    Proof of service of a subpoena or process shall be made in the manner and form prescribed by CPLR 306 and 4532, provided, however, that...
  • New York Surrogate's Court Procedure - § 315 - Joinder and Representation of Persons Interested in Estates
    1. The provisions of this section shall apply in any proceeding in which all persons interested in the estate are required to be served with...
  • New York Surrogate's Court Procedure - § 316 - Process to Attorney General Where Persons Unknown
    In every case where it appears that there is no distributee or beneficiary or that it is not known whether or not there be such,...
  • New York Surrogate's Court Procedure - Article 4 - Appearance; Protection of Persons Under Disability; Counsel for Indigent Adults in Surrogate's Court Proceedings
    Section 401. Appearance of parties. 402. Appearance for infant, incompetent, conservatee or person under disability. 403. Appointment of guardian ad litem. 403-a. Proceedings for the...
  • New York Surrogate's Court Procedure - § 401 - Appearance of Parties
    1. Who may appear. A party other than an infant, incompetent or conservatee may appear and prosecute or defend a special proceeding in person or...
  • New York Surrogate's Court Procedure - § 402 - Appearance for Infant, Incompetent, Conservatee or Person Under Disability
    1. An infant may appear by the guardian of his property, an incompetent by the committee of his property, and a conservatee by his conservator....
  • New York Surrogate's Court Procedure - § 403 - Appointment of Guardian Ad Litem
    1. By nomination. (a) An infant over the age 14 years or his parent or guardian may petition the court on or before the return...
  • New York Surrogate's Court Procedure - § 403-A - Proceedings for the Commitment of the Guardianships and Custody of Infants; Appointment of Guardians Ad Litem
    1. The court shall appoint a guardian ad litem to represent an infant in a proceeding for the commitment of the guardianship and custody of...
  • New York Surrogate's Court Procedure - § 404 - Qualification and Duties of Guardian Ad Litem
    1. A guardian ad litem shall be an attorney admitted to practice in New York. 2. Before entering upon his duties he shall file a...
  • New York Surrogate's Court Procedure - § 405 - Compensation of Guardian Ad Litem
    1. For services rendered a guardian ad litem shall receive reasonable compensation to be allowed by the court payable from any or all of the...
  • New York Surrogate's Court Procedure - § 406 - Person Under Disability Bound by Proceeding
    Whenever a guardian ad litem shall be appointed for a person under disability as defined in this act or an infant, incompetent or conservatee shall...
  • New York Surrogate's Court Procedure - § 407 - Assignment of Counsel for Indigent Persons
    1. (a) Each of the persons described below in this subdivision has the right to the assistance of counsel. When such person first appears in...
  • New York Surrogate's Court Procedure - Article 5 - Trials and Hearings
    Section 501. Transfer, consolidation and severance. 502. Trial by jury; waiver or withdrawal. 503. Proceedings upon jury trial. 504. Jurors. 505. Trial by the court....
  • New York Surrogate's Court Procedure - § 501 - Transfer, Consolidation and Severance
    1. The court may upon motion by any party: (a) Transfer for trial to the surrogate's court having jurisdiction over an estate any action or...
  • New York Surrogate's Court Procedure - § 502 - Trial by Jury; Waiver or Withdrawal
    1. Right to jury trial. A party is entitled to trial by jury, if duly demanded, in any proceeding in which any controverted question of...
  • New York Surrogate's Court Procedure - § 503 - Proceedings Upon Jury Trial
    1. At any time during trial the court upon motion of any party or on its own initiative may direct judgment on one or more...
  • New York Surrogate's Court Procedure - § 504 - Jurors
    shall be selected from any panel in attendance at any trial term of the supreme court or county court of the county.
  • New York Surrogate's Court Procedure - § 505 - Trial by the Court
    without a jury: (a) the court shall render a decision directing the order or decree to be entered which, except for such direction, need not...
  • New York Surrogate's Court Procedure - § 506 - Reference to Hear and Report
    1. In any proceeding other than one instituted for probate of a will or where a constitutional right to trial by jury exists and is...
  • New York Surrogate's Court Procedure - § 507 - Testimony of Witness
    1. The testimony of a witness may be taken at any place the court directs. The party applying therefor shall give such notice of the...
  • New York Surrogate's Court Procedure - § 508 - Before Whom Testimony May Be Taken; Issuance of Commission
    1. Testimony may be taken within or without the state or in a foreign country by an attorney in addition to the persons enumerated in...
  • New York Surrogate's Court Procedure - § 509 - Effect of Uncontroverted Allegations of Fact
    Except as otherwise prescribed by law, a petition, or account filed in a proceeding, unless denied by answer, objection or other proof, is due proof...
  • New York Surrogate's Court Procedure - § 510 - Pretrial Conference
    the court may confer with any party or parties and their counsel outside of the presence of any other party or parties and their respective
  • New York Surrogate's Court Procedure - Article 6 - Orders and Decrees
    Section 601. Definition of decree and order; how order enforced. 602. Decree or order, when evidence of assets. 603. Transcript of decree or order. 604....
  • New York Surrogate's Court Procedure - § 601 - Definition of Decree and Order; How Order Enforced
    The determination of the rights of the parties to a special proceeding in the court is a decree. A direction of the court made or...
  • New York Surrogate's Court Procedure - § 602 - Decree or Order, When Evidence of Assets
    A decree directing payment by a fiduciary to a creditor of, or a person interested in, the estate, or an order permitting a judgment creditor...
  • New York Surrogate's Court Procedure - § 603 - Transcript of Decree or Order
    1. Clerk to furnish transcript. Upon the application of any person, the clerk must furnish to him a transcript of any decree or order. If...
  • New York Surrogate's Court Procedure - § 604 - Decree; Instruments of Satisfaction
    Upon the request of any person interested, there may be recorded with the court any instrument acknowledging payment of moneys pursuant to a decree or...
  • New York Surrogate's Court Procedure - § 605 - Enforcement of Decree by Execution
    An execution shall not issue out of the court. The enforcement by execution of any decree or order of the court shall take place only...
  • New York Surrogate's Court Procedure - § 606 - Enforcement of Decree or Order by Punishment for Contempt; When
    1. In any of the following cases, a decree or order of the court, directing the payment of money or requiring the performance of any...
  • New York Surrogate's Court Procedure - § 607 - Enforcement of Decree or Order by Punishment for Contempt; Manner
    A person interested in the compliance with a decree or order, directing the payment of a sum of money or the performance of any act,...
  • New York Surrogate's Court Procedure - Article 7 - General Provisions Relating to Letters
    Section 701. Requisites of letters. 702. Limited and restrictive letters. 703. Letters evidence of authority; effect of appeal. 704. Priority among different letters. 705. Time,...
  • New York Surrogate's Court Procedure - § 701 - Requisites of Letters
    1. Letters granted by any court to a fiduciary shall be issued in the name of the people of the state, attested in the name...
  • New York Surrogate's Court Procedure - § 702 - Limited and Restrictive Letters
    are granted the court may reduce the amount of security otherwise required or dispense therewith according to the circumstances. Any letters may contain appropriate recitals...
  • New York Surrogate's Court Procedure - § 703 - Letters Evidence of Authority; Effect of Appeal
    1. Subject to the provisions of the succeeding section, letters granted by the court are conclusive evidence of the authority of the persons to whom...
  • New York Surrogate's Court Procedure - § 704 - Priority Among Different Letters
    A person who applies in good faith therefor, and to whom letters are first issued from a court having jurisdiction to issue them, has exclusive...
  • New York Surrogate's Court Procedure - § 705 - Time, How Reckoned Upon Successive Letters
    Where it is prescribed by law that an act must or may be done within a specified time after letters are issued and successive or...
  • New York Surrogate's Court Procedure - § 706 - When Surviving or Remaining Fiduciary May Act; When Successor Must Be Appointed
    1. Where one of two or more fiduciaries dies or is removed or where letters issued to one of them are revoked, a successor to...
  • New York Surrogate's Court Procedure - § 707 - Eligibility to Receive Letters
    Letters may issue to a natural person or to a person authorized by law to be a fiduciary except as follows: 1. Persons ineligible (a)...
  • New York Surrogate's Court Procedure - § 708 - Qualification of Fiduciaries
    Before letters are granted to a fiduciary, the fiduciary shall file in the surrogate's court or family court: 1. An acknowledged instrument stating the fiduciary's...
  • New York Surrogate's Court Procedure - § 709 - Objection to Grant of Letters or Appointment of Lifetime Trustee
    Any person interested, including a nominated fiduciary, before letters are granted to another fiduciary or the surrogate's court appoints a trustee of a lifetime trust,...
  • New York Surrogate's Court Procedure - § 710 - Objections Which Require Bond From Fiduciary Not Otherwise Required to File Bond
    1. No bond shall be required of an executor unless required by the will or by 806 or by this section. 2. A person named...
  • New York Surrogate's Court Procedure - § 711 - Suspension, Modification or Revocation of Letters or Removal for Disqualification or Misconduct
    In any of the following cases a co-fiduciary, creditor, person interested, any person on behalf of an infant or any surety on a bond of...
  • New York Surrogate's Court Procedure - § 712 - Petition; Process Thereupon; Suspension
    A petition as prescribed in the preceding section must show that the case is one therein specified and, if entertained, process must be issued according...
  • New York Surrogate's Court Procedure - § 713 - Hearing; Decree
    Upon the return of process issued as prescribed in the preceding section the court may make a decree suspending, modifying or revoking the letters issued...
  • New York Surrogate's Court Procedure - § 714 - Certain Orders or Decrees of Other Courts to Be Filed in the Surrogate's Court
    Whenever the supreme court shall suspend or remove or accept the resignation of a guardian of an infant's person or property or both, or of...
  • New York Surrogate's Court Procedure - § 715 - Application by Fiduciary for Permission to Resign
    A fiduciary may present to the court at any time a petition praying that he or she be permitted to resign, that his or her...
  • New York Surrogate's Court Procedure - § 716 - Proceedings Thereupon
    , whether or not the letters of the petitioner be revoked or he or she be removed, must be the same as upon a petition...
  • New York Surrogate's Court Procedure - § 717 - Suspension of Powers of Fiduciaries in War Service
    1. Whenever a fiduciary is engaged in war service, as defined in this section, such fiduciary or any person interested, may present a petition to...
  • New York Surrogate's Court Procedure - § 718 - Nominated Fiduciaries in War Service
    1. Whenever a person nominated in a will or lifetime trust instrument as executor, guardian or trustee is engaged in war service as defined in...
  • New York Surrogate's Court Procedure - § 719 - In What Cases Letters May Be Suspended, Modified or Revoked, or a Lifetime Trustee Removed or His Powers Suspended or Modified, Without Process
    In any of the following cases, the court may make a decree suspending, modifying or revoking letters issued to a fiduciary from the court or...
  • New York Surrogate's Court Procedure - § 720 - Effect and Contents of Decree Suspending, Modifying or Revoking Letters or Removing a Lifetime Trustee or Suspending or Modifying His Powers
    Upon the entry of a decree made as prescribed in this act, removing a fiduciary or suspending, modifying or revoking his letters issued to a...
  • New York Surrogate's Court Procedure - § 721 - Preceding Section Qualified
    The preceding section does not affect the liability of a person to whom money or other property has been delivered as distributee or legatee to...
  • New York Surrogate's Court Procedure - § 722 - Deposit of Securities May Be Ordered on Revocation of Letters or Removal
    When upon the revocation of letters or removal of a fiduciary a decree is made in which such fiduciary is personally charged with or directed...
  • New York Surrogate's Court Procedure - § 723 - Copy of Letters Issued to Chief Fiscal Officer of County to Be Transmitted to Comptroller
    Within ten days after granting letters to the chief fiscal officer of the county the court must transmit to the state comptroller a certified copy
  • New York Surrogate's Court Procedure - § 724 - Inapplicability to Lifetime Trustees
    Except as otherwise expressly provided or required by context, this article shall not be applicable to lifetime trustees.
  • New York Surrogate's Court Procedure - § 725 - Rules Relating to Estate Valuation After Letters
    The chief administrator of the courts shall promulgate rules to insure that, after letters have been granted to a fiduciary and the fee based on...
  • New York Surrogate's Court Procedure - Article 8 - General Provisions Relating to Bonds
    Section 801. Amount; condition; number of sureties; obligees. 802. Approval and filing of bonds; designation of clerk. 803. Deposit of assets to reduce bond. 804....
  • New York Surrogate's Court Procedure - § 801 - Amount; Condition; Number of Sureties; Obligees
    1. Amount. Whenever a fiduciary or legal life tenant shall be required to file a bond, the amount thereof, except where the court has reduced...
  • New York Surrogate's Court Procedure - § 802 - Approval and Filing of Bonds; Designation of Clerk
    1. All bonds must be approved by the court. The court may by order authorize one or more clerks or law assistants to approve bonds....
  • New York Surrogate's Court Procedure - § 803 - Deposit of Assets to Reduce Bond
    1. Whenever a bond or new surety may be required, if the value of the estate is so great or for other sufficient reasons the...
  • New York Surrogate's Court Procedure - § 804 - Bond Required When Assets Deposited With Bank or Trust Company Serving as Co-fiduciary
    When a bank or trust company is a fiduciary and is nominated to serve or is serving with one or more individual fiduciaries the court...
  • New York Surrogate's Court Procedure - § 805 - Bond of Administrator, Temporary Administrator or Administrator C. T. A
    1. Before letters are issued to an administrator, temporary administrator or administrator c. t. a. he shall execute and file a bond provided, however, that...
  • New York Surrogate's Court Procedure - § 806 - Bond of a Testamentary Trustee or Executor Acting as Trustee
    Whenever a testamentary trustee is appointed by will or order of the court or an executor is appointed who is required to hold, manage or...
  • New York Surrogate's Court Procedure - § 807 - Bond of a Legal Life Tenant
    Whenever a legal life tenant is entitled to the possession or control of property under a will, he shall if the court so directs execute...
  • New York Surrogate's Court Procedure - § 808 - Liability of Surety for Assets Received by Principal in Another Fiduciary Capacity
    1. A fiduciary is liable for money or other personal property of the estate which was in his hands or under his control when his...
  • New York Surrogate's Court Procedure - § 809 - Action or Proceeding on Bond; Disposition of Proceeds; Summary Determination in Certain Cases
    1. When permitted. An action or proceeding on a fiduciary's bond may be brought in either of the following cases if leave of the court...
  • New York Surrogate's Court Procedure - § 810 - Application of Article to Fiduciaries Heretofore Appointed
    The provisions of this article shall apply to fiduciaries heretofore appointed and to trusts created before this act takes effect except that its provisions shall...
  • New York Surrogate's Court Procedure - § 811 - General Conformity of Bonds to Cplr
    The provisions of this article shall govern bonds in this court but to the extent consistent with such provisions and as to matters of detail...
  • New York Surrogate's Court Procedure - Article 9 - Temporary Administration--absentees and Internees
    Section 901. When temporary administration may be granted. 902. Procedure for appointment of temporary administrator. 903. General powers of temporary administrator. 905. Actions and proceedings...
  • New York Surrogate's Court Procedure - § 901 - When Temporary Administration May Be Granted
    Temporary administration may be granted if the court finds it is in the best interests of the estate in the following cases: 1. When for...
  • New York Surrogate's Court Procedure - § 902 - Procedure for Appointment of Temporary Administrator
    1. If a proceeding is pending for probate of a will or for letters of administration, process shall issue to such persons and in such...
  • New York Surrogate's Court Procedure - § 903 - General Powers of Temporary Administrator
    1. Letters of temporary administration shall confer upon the person named therein, subject to any limitation contained in an instrument offered for probate, all the...
  • New York Surrogate's Court Procedure - § 905 - Actions and Proceedings Maintainable by or Against a Temporary Administrator
    1. A temporary administrator may maintain any action or proceeding for the purpose of taking into his possession, securing and preserving all property of a...
  • New York Surrogate's Court Procedure - § 906 - Payment of Claims by Temporary Administrator
    At any time after the issuance of letters of temporary administration, process may issue to a temporary administrator requiring him to show cause why he...
  • New York Surrogate's Court Procedure - § 907 - Special Powers of Temporary Administrator in Estates of Absentees or Internees
    1. Where it appears to the satisfaction of the court that the spouse, a child or a dependent presumptive distributee of an absentee or internee...
  • New York Surrogate's Court Procedure - § 908 - Settlement of Temporary Administrator's Account of a Decedent's Estate
    1. When the time for presentation of claims as fixed by notice duly published has expired or when 7 months have elapsed since the issuance...
  • New York Surrogate's Court Procedure - § 910 - Annual Account of Internee's Estate
    1. Except as provided in subdivision 2 a temporary administrator of an internee's property must annually within 30 days after the anniversary of his or...
  • New York Surrogate's Court Procedure - § 911 - Final Determination and Distribution of an Absentee's Estate
    1. If it appears at any time during the administration of the estate that the absentee is in fact dead the temporary administrator or a...
  • New York Surrogate's Court Procedure - Article 10 - Intestate Administration
    Section 1001. Order of priority for granting letters of administration. 1002. Petition; persons entitled to petition for appointment of an administrator. 1003. Persons who must...
  • New York Surrogate's Court Procedure - § 1001 - Order of Priority for Granting Letters of Administration
    1. Letters of administration must be granted to the persons who are distributees of an intestate and who are eligible and qualify, in the following...
  • New York Surrogate's Court Procedure - § 1002 - Petition; Persons Entitled to Petition for Appointment of an Administrator
    1. Any person interested in the estate of an intestate or of a person alleged to be deceased or any person to whose appointment as...
  • New York Surrogate's Court Procedure - § 1003 - Persons Who Must Be Served With Process; Waiver of Process; Dispensation With Service of Process
    1. In a proceeding for letters of administration upon the estate of a person alleged to be deceased process shall issue directed to such person...
  • New York Surrogate's Court Procedure - § 1004 - Proceedings Upon Return of Process; Decree
    1. Upon the return of process in a proceeding for letters of administration upon the estate of a person alleged to be deceased the court...
  • New York Surrogate's Court Procedure - § 1005 - Notice of Application for Letters of Administration
    1. Before making a decree granting letters of administration on any application therefor the court may require the petitioner or any other person seeking such...
  • New York Surrogate's Court Procedure - § 1006 - Failure to Qualify
    The court must upon application of any person interested, a public administrator, the chief fiscal officer of the county, or creditor require an administrator designated...
  • New York Surrogate's Court Procedure - § 1007 - Administration De Bonis Non
    where distribution of the estate is possible pursuant to the provisions of 2207.
  • New York Surrogate's Court Procedure - Article 11 - Public Administrators of the Counties Within the City of New York
    Section 1101. Incumbents. 1102. Appointment and removal; terms of office. 1103. Deputy public administrator. 1104. Oath and bond. 1105. Compensation. 1106. Commissions. 1107. Deposit of...
  • New York Surrogate's Court Procedure - § 1101 - Incumbents
    The office of public administrator within the counties of the city of New York hereby is continued. The public administrators of the counties within the...
  • New York Surrogate's Court Procedure - § 1102 - Appointment and Removal; Terms of Office
    Notwithstanding the provisions of any other law, appointment and removal shall be made as follows: 1. The public administrators of Kings, Richmond, New York, Bronx...
  • New York Surrogate's Court Procedure - § 1103 - Deputy Public Administrator
    of any county where the office exists or may be established shall continue in office until removed by the surrogate court judge or judges of...
  • New York Surrogate's Court Procedure - § 1104 - Oath and Bond
    Each person appointed to the office of public administrator or deputy public administrator in any of the counties within the city of New York before...
  • New York Surrogate's Court Procedure - § 1105 - Compensation
    two-thirds of the amount paid or hereafter paid to the public administrators of each such county, respectively. 3. The public administrators shall not receive to...
  • New York Surrogate's Court Procedure - § 1106 - Commissions
    and allowances provided for by this section may be retained by the respective public administrators in preference to any debts or claims except funeral expenses....
  • New York Surrogate's Court Procedure - § 1107 - Deposit of Funds
    1. The public administrators shall pay into the treasury of the city of New York all commissions and costs received by them from any source....
  • New York Surrogate's Court Procedure - § 1108 - Staff; Salaries; Offices
    Notwithstanding the provisions of any other law, appointment and removal shall be made as follows: 1. Assistants and employees. (a) The public administrators of the...
  • New York Surrogate's Court Procedure - § 1109 - Monthly Reports to Court, Mayor and Comptroller; Annual Audit
    Each public administrator shall file monthly with the surrogate of the county where appointed, mayor and the comptroller of the city of New York a...
  • New York Surrogate's Court Procedure - § 1110 - Responsibility of the City
    1. The city of New York shall be answerable for the faithful execution by the public administrator of all the duties of his office and...
  • New York Surrogate's Court Procedure - § 1111 - Vacancy in Office; Delivery of Money, Papers and Effects
    1. Whenever a public administrator shall resign or be removed from his office he shall immediately deliver over to his successor all papers, moneys and...
  • New York Surrogate's Court Procedure - § 1112 - Authority to Act
    The public administrator in his proper county shall have authority to take possession of, manage and collect the rents of the real property and take...
  • New York Surrogate's Court Procedure - § 1113 - Reports of Deaths and Burials
    1. Every person keeping a hotel, boarding or rooming house in any of the counties to which this article applies shall report in writing to...
  • New York Surrogate's Court Procedure - § 1114 - Inquiry and Subpoena
    1. The public administrator may institute an inquiry in any case in which he is authorized to act as to any matter affecting the estate...
  • New York Surrogate's Court Procedure - § 1115 - Letters Not Required for Small Estates
    1. Without the issuance of letters the public administrator by virtue of his office shall have all the powers of a fiduciary of a decedent's...
  • New York Surrogate's Court Procedure - § 1116 - Application for Letters; When Court May Direct Probate
    1. The public administrator is authorized to apply for and receive letters as defined in this act. 2. The court may direct the public administration...
  • New York Surrogate's Court Procedure - § 1117 - No Separate Bond or Oath
    The public administrators within the counties of the city of New York shall not be required to file the designation, separate bond or oath required...
  • New York Surrogate's Court Procedure - § 1118 - Powers Before Issuance of Letters
    Before letters are issued to him and subject to the provisions of section 1128 of this article the public administrator is authorized to: 1. Take...
  • New York Surrogate's Court Procedure - § 1119 - Notice to Consuls
    When the estate is that of an alien it shall be the duty of the public administrator when making application for letters to mail a...
  • New York Surrogate's Court Procedure - § 1120 - Appearance by Consuls
    1. In any action or proceeding brought by or against a public administrator in which a non-domiciliary alien is a necessary or proper party the...
  • New York Surrogate's Court Procedure - § 1121 - Grant of Letters to Others
    If any eligible distributee of the decedent shall petition to supersede the public administrator within 4 months after the public administrator has become vested with...
  • New York Surrogate's Court Procedure - § 1122 - Delivery of Estate Assets to Fiduciary; Expenses, Costs and Commissions
    When the public administrator has been superseded he shall account and deliver to the fiduciary superseding him all the personal property belonging to the estate...
  • New York Surrogate's Court Procedure - § 1123 - General Powers of Public Administrator
    1. Every public administrator shall have all the powers specifically granted herein and also the powers given by law to a fiduciary of a decedent's...
  • New York Surrogate's Court Procedure - § 1124 - Appeal; Bond
    1. The public administrator is authorized to appeal from any order, decree or judgment affecting an estate in his charge or in which he is...
  • New York Surrogate's Court Procedure - § 1125 - Notification to Corporation Counsel
    1. In any proceeding under 1123, subdivision 2, subparagraph (j) (iii) service upon the public administrator having jurisdiction shall be sufficient and service upon any...
  • New York Surrogate's Court Procedure - § 1126 - Property Without Value Where No Administration Had
    Whenever the public administrator shall receive papers or property of a decedent upon whose estate no letters have been issued or whose property is not...
  • New York Surrogate's Court Procedure - § 1127 - Disposition of Records After 10 Years
    The public administrator is authorized to destroy the file and all of the papers relating to a decedent after the lapse of 10 years from...
  • New York Surrogate's Court Procedure - § 1128 - Administrative Board for the Offices of the Public Administrators
    of the state of New York is hereby created. The board shall consist of thirteen members of whom five shall be surrogate court judges, one...
  • New York Surrogate's Court Procedure - Article 12 - Public Administrators in the Counties of Erie, Monroe, Nassau, Onondaga, Suffolk and Westchester and County Treasurers Appointed Administrators
    Section 1201. Definitions. 1202. Office established; appointment of successor 1203. General bond. 1204. Separate bonds 1205. Vacancy in office; delivery of money, papers and effects;...
  • New York Surrogate's Court Procedure - § 1201 - Definitions
    Whenever used in this article the term public administrator, unless otherwise required by the context or unless a contrary intent is expressly declared, shall mean...
  • New York Surrogate's Court Procedure - § 1202 - Office Established; Appointment of Successor
    The office of public administrator hereby is continued. The public administrator shall continue in office unless removed by the court. Vacancy in such office for...
  • New York Surrogate's Court Procedure - § 1203 - General Bond
    Except in the counties of Erie, Monroe and Onondaga the person so appointed shall execute a bond with sureties to be approved by the court...
  • New York Surrogate's Court Procedure - § 1204 - Separate Bonds
    Except in the counties of Erie and Onondaga the public administrator upon entering upon his duties in every estate the gross assets of which exceed...
  • New York Surrogate's Court Procedure - § 1205 - Vacancy in Office; Delivery of Money, Papers and Effects; Discharge
    1. Whenever the public administrator shall resign or be removed, he shall immediately deliver over to his successor all papers, moneys and effects in his...
  • New York Surrogate's Court Procedure - § 1206 - Staff; Offices; Counsel
    1. Each public administrator, except in the counties of Erie and Onondaga, shall appoint such assistants and employees at such compensation as may be provided...
  • New York Surrogate's Court Procedure - § 1207 - Salary; Commissions; Retention of Commissions
    1. Except as herein provided the public administrator shall receive an annual salary to be fixed by the board of supervisors of his county for...
  • New York Surrogate's Court Procedure - § 1208 - Deposit of Funds; Report to Court; Annual Audit
    1. All moneys collected shall be deposited by the public administrator in a state or national bank, savings bank, savings and loan association or trust...
  • New York Surrogate's Court Procedure - § 1209 - Reports of Deaths and Burials
    1. Every person keeping a hotel, boarding or rooming house in any of the counties to which this article applies shall report to the public...
  • New York Surrogate's Court Procedure - § 1210 - Application for Letters; When Court May Direct Probate
    1. The public administrator shall have the power to apply for and receive letters as defined in this act. 2. The court may, pursuant to...
  • New York Surrogate's Court Procedure - § 1211 - Letters Not Required; Notice to Be Filed
    1. Without the issuance of letters the public administrator in virtue of his office shall have all powers of a fiduciary of a decedent's estate...
  • New York Surrogate's Court Procedure - § 1212 - Powers Before Issuance of Letters
    Before letters are issued to him and subject to the provisions of section 1128 of this act the public administrator is authorized to 1. Take...
  • New York Surrogate's Court Procedure - § 1213 - General Powers
    1. The public administrator shall have all the powers specifically granted herein and also the powers given by law to a fiduciary of a decedent's...
  • New York Surrogate's Court Procedure - § 1214 - Service of Process
    on creditors, legatees or distributees who are non-domiciliaries of his county by certified mail, return receipt requested, whenever the court by order made in any...
  • New York Surrogate's Court Procedure - § 1215 - When Authorized to Receive Process or Appear
    1. The public administrator may be authorized by the court to receive process or other notice as a necessary party in the following proceedings: (a)...
  • New York Surrogate's Court Procedure - § 1216 - Inquiry and Subpoena
    The public administrator may institute an inquiry in any case in which he is authorized to act as to any matter affecting the estate of...
  • New York Surrogate's Court Procedure - § 1217 - When Superseded; Accounting Authorized
    1. When the public administrator in virtue of his office has been superseded he shall deliver to the fiduciary who has superseded him all the...
  • New York Surrogate's Court Procedure - § 1218 - Appeal; Bond
    The public administrator is authorized to appeal from any decree, order or judgment affecting an estate in his charge or in which he is a...
  • New York Surrogate's Court Procedure - § 1219 - Chief Fiscal Officer of County Appointed Administrator; Qualifications; Fees
    A chief fiscal officer of a county appointed administrator of an estate shall qualify in the manner prescribed in 708 of this act, shall be...
  • New York Surrogate's Court Procedure - Article 13 - Settlement of Small Estates Without Court Administration
    Section 1301. Definitions. 1302. Kinds of property. 1303. Persons who may become a voluntary administrator. 1304. Summary procedure. 1305. Discharge of debtor, transfer agent, safe...
  • New York Surrogate's Court Procedure - § 1301 - Definitions
    In this article: 1. A small estate is the estate of a domiciliary or a non-domiciliary who dies leaving personal property having a gross value...
  • New York Surrogate's Court Procedure - § 1302 - Kinds of Property
    This article is not applicable to any interest in real property in this state owned by a decedent, but his owner ship of an interest...
  • New York Surrogate's Court Procedure - § 1303 - Persons Who May Become a Voluntary Administrator
    (a) If the deceased dies intestate, the right to act as a voluntary administrator is hereby given first to the surviving adult spouse, if any,...
  • New York Surrogate's Court Procedure - § 1304 - Summary Procedure
    1. When available. No waiting period after the death of the decedent is required. The procedure prescribed in this article may be used after the...
  • New York Surrogate's Court Procedure - § 1305 - Discharge of Debtor, Transfer Agent, Safe Deposit Company, Bank, Trust Company or Other Person
    The delivery by a voluntary administrator to a debtor, transfer agent, safe deposit company, bank, trust company or other person holding or having custody or...
  • New York Surrogate's Court Procedure - § 1306 - Powers
    of the voluntary administrator shall cease.
  • New York Surrogate's Court Procedure - § 1307 - Duties
    A voluntary administrator shall 1. Deposit in an estate bank account to be opened by him in a bank, trust company, savings bank, savings and...
  • New York Surrogate's Court Procedure - § 1308 - Liability of Voluntary Administrator Collecting Assets
    1. A voluntary administrator shall be answerable and accountable to all persons including creditors and distributees of the decedent, beneficiaries named in the will filed...
  • New York Surrogate's Court Procedure - § 1309 - General Provisions
    1. The use of this article in the settlement of a small estate without the formality of court administration is permissive and not mandatory. 2....
  • New York Surrogate's Court Procedure - § 1310 - Payment of Certain Debts Without Administration
    1. As used in this section (a) "Debt" means (i) money or securities payable on account of a deposit in a bank, national bank, trust...
  • New York Surrogate's Court Procedure - § 1311 - Administration of Funds Payable Under Social Security Act of the United States, the Unemployment Insurance Law and the Workmen's Compensation Law
    1. In virtue of his office and without issuance of letters each public administrator, and in counties having no public administrator, each county treasurer is...
  • New York Surrogate's Court Procedure - § 1312 - Construction
  • New York Surrogate's Court Procedure - Article 14 - Probate Proceedings; Construction of Wills; Right of Election
    Section 1401. Proceeding to compel production of will. 1402. Who may propound will; contents of petition; direction of court. 1403. Persons to be served; content...
  • New York Surrogate's Court Procedure - § 1401 - Proceeding to Compel Production of Will
    Whenever it shall appear to the court, sua sponte, or by the petition of a person authorized under the succeeding section of this act to...
  • New York Surrogate's Court Procedure - § 1402 - Who May Propound Will; Contents of Petition; Direction of Court
    1. Who may petition. A petition for the probate of a will may be presented by (a) any person designated in the will as legatee,...
  • New York Surrogate's Court Procedure - § 1403 - Persons to Be Served; Content of Process
    1. In a proceeding for the probate of a will process must issue to the following persons if not petitioners: (a) The distributees of the...
  • New York Surrogate's Court Procedure - § 1404 - Witnesses to Be Examined; Proof Required
    1. Except as otherwise provided in this article, 2 at least, of the attesting witnesses must be produced before the court and examined before a...
  • New York Surrogate's Court Procedure - § 1405 - When Court May Dispense With Testimony of Witness
    1. The death, absence from the state or incompetency of an attesting witness required to be examined as prescribed in this or the preceding section...
  • New York Surrogate's Court Procedure - § 1406 - Proof of Will by Affidavit of Attesting Witness Out of Court
    1. In addition to other procedures prescribed for the proof of wills, any or all of the attesting witnesses to a will may at the...
  • New York Surrogate's Court Procedure - § 1407 - Proof of Lost or Destroyed Will
    A lost or destroyed will may be admitted to probate only if 1. It is established that the will has not been revoked, and 2....
  • New York Surrogate's Court Procedure - § 1408 - Probate Not Allowed Unless Court Satisfied
    1. Before admitting a will to probate the court must inquire particularly into all the facts and must be satisfied with the genuineness of the...
  • New York Surrogate's Court Procedure - § 1409 - Notice of Probate
    1. Before letters are issued there shall be filed in the court a notice entitled in the proceeding stating the name of the testator, the...
  • New York Surrogate's Court Procedure - § 1410 - Who May File Objections to Probate of an Alleged Will
    Any person whose interest in property or in the estate of the testator would be adversely affected by the admission of the will to probate...
  • New York Surrogate's Court Procedure - § 1411 - Citation Upon Filing of Objections
    1. Whenever objections are filed to the probate of a will, the proponent shall submit to the court for issuance a citation returnable at a...
  • New York Surrogate's Court Procedure - § 1412 - Preliminary Letters Testamentary
    at any time (a) if it shall appear that the preliminary executor is guilty of unreasonable delay in the probate proceeding or (b) for any...
  • New York Surrogate's Court Procedure - § 1413 - Revocation of Letters Upon Proof of Will
    Where temporary letters of administration, preliminary letters testamentary or letters of administration on the ground of intestacy have been granted and a will is thereafter...
  • New York Surrogate's Court Procedure - § 1414 - When Letters Testamentary May Be Issued
    1. After a will has been admitted to probate any person entitled to letters thereunder who is eligible and who appears and qualifies is entitled...
  • New York Surrogate's Court Procedure - § 1415 - Supplementary Letters, Executors Not Named in Letters Not to Act
    If the disability of an infant or an alien named as an executor in a will be removed before the administration of the estate is...
  • New York Surrogate's Court Procedure - § 1416 - Executor Failing to Qualify or Renounce; How Excluded
    1. Upon the application of a fiduciary, a person interested or a creditor, the court shall direct an executor named in a will to qualify...
  • New York Surrogate's Court Procedure - § 1417 - Renunciation by Nominated Executor; Retraction Thereof
    1. A person named as executor in a will may renounce his right to letters testamentary by an acknowledged instrument. 2. A renunciation may be...
  • New York Surrogate's Court Procedure - § 1418 - Letters of Administration With Will Annexed; When and to Whom Granted
    1. If no person is named as executor in the will or selected by virtue of a power contained therein or if at any time...
  • New York Surrogate's Court Procedure - § 1419 - Process; Renunciation or Exclusion of Persons Having Prior or Equal Right
    Every eligible person having a right to letters of administration with the will annexed prior or equal to that of the petitioner including an infant,...
  • New York Surrogate's Court Procedure - § 1420 - Proceeding for Construction of Will; Effect of Decree
    1. A fiduciary or a person interested in obtaining a determination as to the validity, construction or effect of any provision of a will may...
  • New York Surrogate's Court Procedure - § 1421 - Election by Surviving Spouse
    1. Any person interested in obtaining a determination as to the validity or effect of an election to take a share under EPTL 5-1.1 or...
  • New York Surrogate's Court Procedure - § 1422 - Record of Wills; Evidence
    A certified copy of the record of the decree admitting a will to probate and of the record of the will so admitted to probate...
  • New York Surrogate's Court Procedure - § 1423 - Record of Wills in Former Courts of Probate; Evidence
    The exemplification of the record of a will proved before the judge of the former court of probate and recorded in his office before January...
  • New York Surrogate's Court Procedure - § 1424 - Foreign Wills; Evidence After Lapse of Time
    The exemplification of the record of a will which has been duly proved before a court or officer of competent jurisdiction in any other state,...
  • New York Surrogate's Court Procedure - Article 15 - Trusts and Trustees
    Section 1501. Application of act to trusts. 1502. Appointment of trustee. 1503. Qualification of trustee appointed by another court. 1504. Renunciation of appointment: retraction thereof....
  • New York Surrogate's Court Procedure - § 1501 - Application of Act to Trusts
    1. The provisions of this act apply to any of the following trusts without regard to the domicile of the trustee or to the time...
  • New York Surrogate's Court Procedure - § 1502 - Appointment of Trustee
    1. The court may appoint a trustee or successor or successors or co-trustee or co-trustees whenever there is no trustee able to act or all...
  • New York Surrogate's Court Procedure - § 1503 - Qualification of Trustee Appointed by Another Court
    When the supreme court appoints a testamentary trustee a certified copy of the order or decree of appointment and of the bond given by the...
  • New York Surrogate's Court Procedure - § 1504 - Renunciation of Appointment: Retraction Thereof
    1. A testamentary trustee may renounce his appointment by a duly acknowledged instrument. 2. By like instrument the renunciation may be retracted at any time...
  • New York Surrogate's Court Procedure - § 1505 - Proceeding When Testamentary Trustee Is Also Executor or Administrator
    1. Where the same person is a testamentary trustee and also the executor of the will or the administrator upon the same estate, proceedings taken...
  • New York Surrogate's Court Procedure - § 1506 - Nonliability for Acts of Predecessor Executor
    A trustee who was not an executor of the estate of the same decedent shall not be liable for breach of trust committed by the...
  • New York Surrogate's Court Procedure - § 1507 - Authority to Mortgage, Sell, Lease or Exchange
    1. In any case in which the power to mortgage, sell, lease or exchange real property does not exist under the provisions of EPTL 11-1.1...
  • New York Surrogate's Court Procedure - § 1508 - Authority to Release Claims Against the State by Reason of Appropriation of Trust Property Not Subject to Power of Sale
    1. The surrogate of any county having jurisdiction of the trust may, by order, authorize any testamentary trustee to release a claim against the state...
  • New York Surrogate's Court Procedure - § 1509 - Power Over Lifetime Trusts
    Except to the extent inconsistent with other provisions of this act, the surrogate having jurisdiction of a lifetime trust shall have such power over the...
  • New York Surrogate's Court Procedure - Article 16 - Foreign Estates
    Section 1601. Legislative declaration of purpose. 1602. Ancillary probate based upon domiciliary probate. 1603. Effect of right to contest or of revocation. 1604. Ancillary letters...
  • New York Surrogate's Court Procedure - § 1601 - Legislative Declaration of Purpose
    It is the intent and purpose of this article that ancillary administration shall be granted in this state only when there is an actual administration...
  • New York Surrogate's Court Procedure - § 1602 - Ancillary Probate Based Upon Domiciliary Probate
    1. A written will which upon probate may operate upon any property in this state shall be admitted to probate by the surrogate's court having...
  • New York Surrogate's Court Procedure - § 1603 - Effect of Right to Contest or of Revocation
    1. If under the law of the testator's domicile the probate or establishment of his will therein is subject to contest within a time specified...
  • New York Surrogate's Court Procedure - § 1604 - Ancillary Letters on Foreign Will
    1. Upon admission of a will to probate under 1602 the court shall issue, if such be requested, ancillary letters to the following persons in...
  • New York Surrogate's Court Procedure - § 1605 - Original Probate
    in this state except (a) in a case where the court is satisfied that ancillary probate would be unduly expensive, inconvenient or impossible under the...
  • New York Surrogate's Court Procedure - § 1606 - Proof of Will by Probate in Non-domiciliary Jurisdiction
    In the case of original probate of the will of a non-domiciliary testator an authenticated copy of the will and of its probate or establishment...
  • New York Surrogate's Court Procedure - § 1607 - Ancillary Letters of Administration
    to the following persons in the following order: (a) The person appointed administrator in the domiciliary jurisdiction or the person acting in that jurisdiction to...
  • New York Surrogate's Court Procedure - § 1608 - Ancillary Letters Generally
    1. A person acting in the decedent's domicile as executor or administrator or to administer the decedent's estate in accordance with the law thereof may...
  • New York Surrogate's Court Procedure - § 1609 - Petition; Process
    1. A petition for ancillary probate or for ancillary letters of any kind may be made by any creditor, public administrator, county treasurer or person...
  • New York Surrogate's Court Procedure - § 1610 - General Powers and Duties of Ancillary Fiduciary
    1. The provisions of law governing the rights, powers, duties and liabilities of a fiduciary apply to a person to whom ancillary letters are granted...
  • New York Surrogate's Court Procedure - § 1611 - Ancillary Administration of Estate of Absentee
    If it appears that the foreign probate or the grant of foreign administration was based upon the disappearance or absence of the person on whose...
  • New York Surrogate's Court Procedure - § 1612 - Effect of Adjudication for or Against Fiduciary
    A prior adjudication rendered by a court of competent jurisdiction for or against an estate fiduciary shall be as conclusive as to the ancillary fiduciary...
  • New York Surrogate's Court Procedure - § 1613 - Application of General Law
    Except where special provision is made otherwise, the law of this state relating to wills and to the probate, contest and effect thereof shall apply...
  • New York Surrogate's Court Procedure - § 1614 - Authentication of Foreign Will or Letters
    In any case in which a foreign will or letters are required to be proved under this article, the will or letters shall be authenticated...
  • New York Surrogate's Court Procedure - § 1615 - Record of Wills and Letters Recorded Under Former Law
    The record in the court or an authenticated copy of the record of any will recorded pursuant to section 44 of the decedent estate law...
  • New York Surrogate's Court Procedure - § 1616 - Application of Article
    This article shall apply only to the wills and estates of non-domiciliaries.
  • New York Surrogate's Court Procedure - Article 17 - Guardians and Custodians
    Section 1701. Power of court. 1702. Jurisdiction. 1703. Petition for appointment; by whom made. 1704. Petition for appointment; contents. 1705. Persons to be served. 1706....
  • New York Surrogate's Court Procedure - § 1701 - Power of Court
    The court has power over the property of an infant and is authorized and empowered to appoint a guardian of the person or of the...
  • New York Surrogate's Court Procedure - § 1702 - Jurisdiction
    1. Where an infant has no guardian the court may appoint a guardian of his person or property, or of both, in the following cases:...
  • New York Surrogate's Court Procedure - § 1703 - Petition for Appointment; by Whom Made
    A petition for the appointment of a guardian of the person or property, or both, of an infant may be made by any person on...
  • New York Surrogate's Court Procedure - § 1704 - Petition for Appointment; Contents
    A petition for the appointment of a guardian of an infant must show: 1. The full name, domicile and date of birth of the infant....
  • New York Surrogate's Court Procedure - § 1705 - Persons to Be Served
    1. Upon presentation of the petition process shall issue: (a) To the parent or parents, and if the infant is married, to the spouse, if...
  • New York Surrogate's Court Procedure - § 1706 - Proceedings Thereupon
    1. Where process is not issued or upon the return of process, the court shall ascertain the age of the infant, the amount of his...
  • New York Surrogate's Court Procedure - § 1707 - Decree Appointing Guardian; Term of Office
    1. If the court be satisfied that the interests of the infant will be promoted by the appointment of a guardian or by the issuance...
  • New York Surrogate's Court Procedure - § 1708 - Bonding Requirements; Investment of Guardianship Funds
    1. Except as provided in this section, all property of the infant shall be secured by bond as provided in this act. 2. (a) The...
  • New York Surrogate's Court Procedure - § 1709 - Appointment of Guardian by Supreme Court
    1. Where the supreme court appoints a guardian of an infant's person or property, or both, a certified copy of the order or decree appointing...
  • New York Surrogate's Court Procedure - § 1710 - Will or Deed Containing Appointment to Be Proved
    A person shall not exercise within the state any power or authority as guardian of the person or property of an infant by virtue of...
  • New York Surrogate's Court Procedure - § 1711 - Guardian by Will or Deed; Qualification; Renunciation
    1. Where a deed containing the appointment of a guardian is not recorded within 3 months after the death of the grantor, the person appointed...
  • New York Surrogate's Court Procedure - § 1712 - Appointment of Successor
    When no guardian by will or deed remains in office a guardian may be appointed by the court with all the powers conferred by the...
  • New York Surrogate's Court Procedure - § 1713 - Administration of Infant's Property
    1. Upon the petition of the guardian or of the infant or of any person in his behalf, the court, upon notice to such persons,...
  • New York Surrogate's Court Procedure - § 1714 - Power to Manage During Minority Property Vested in an Infant
    resulting from an ineffectual attempt by will or deed to appoint the donee as guardian shall be subject to the provisions of this article. In...
  • New York Surrogate's Court Procedure - § 1715 - Authority of Guardian to Sell, Lease, Exchange or Mortgage
    1. The surrogate's court of the county from which letters were issued to the guardian of the property of an infant may, in accordance with...
  • New York Surrogate's Court Procedure - § 1716 - Application for Ancillary Letters to Foreign Guardians
    1. Where an infant is domiciled within a state of the United States other than this state, or the District of Columbia, the Commonwealth of...
  • New York Surrogate's Court Procedure - § 1717 - Proceedings Thereupon
    1. Where the court is satisfied upon the papers presented as prescribed in the preceding section that the case is within that section and that...
  • New York Surrogate's Court Procedure - § 1718 - Effect of Such Letters
    1. Ancillary letters of guardianship shall be issued as prescribed in the preceding section, without security, except as provided in that section. 2. They authorize...
  • New York Surrogate's Court Procedure - § 1719 - Annual Account
    unless the court direct the filing of an account for any year or years.
  • New York Surrogate's Court Procedure - § 1720 - Affidavit to Be Annexed Thereto
    To each account as prescribed in the preceding section must be appended the affidavit of the guardian to the effect that the account is a...
  • New York Surrogate's Court Procedure - § 1721 - Annual Examination of Guardian's Accounts
    In the month of February of each year and thereafter until completed or at such other time as the court deems proper, the court must...
  • New York Surrogate's Court Procedure - § 1722 - Proceedings Where Account Defective
    1. If it appears to the court upon an examination made as prescribed in the preceding section or by the report of the special examiner...
  • New York Surrogate's Court Procedure - § 1723 - Powers of a Guardian of the Property
    1. A guardian of the property of an infant shall protect, preserve and manage the property of the infant. He shall have the power to...
  • New York Surrogate's Court Procedure - § 1724 - Custodians
    An infant or a custodian acting under EPTL 7-4.1 to 7-4.9 inclusive shall be subject to the jurisdiction of the court in accordance with the...
  • New York Surrogate's Court Procedure - § 1725 - Temporary Guardianship by Adoptive Parent Prior to Adoption
    1. Upon the filing of a petition for temporary guardianship, as described in section one hundred fifteen-c of the domestic relations law, or upon the...
  • New York Surrogate's Court Procedure - § 1726 - Standby Guardians
    hip prior to the filing of a petition. Where the petition has already been filed, by executing a written revocation, filing it with the court...
  • New York Surrogate's Court Procedure - § 1727 - Petition for Termination of Account of Guardian, Committee, or Conservator
    Where a guardian, committee or conservator is presently maintaining an account on behalf of an infant, incompetent, conservatee or person under disability in an amount...
  • New York Surrogate's Court Procedure - Article 17-A - Guardians of Mentally Retarded and Developmentally Disabled Persons
    Section 1750. Guardianship of mentally retarded persons. 1750-a. Guardianship of developmentally disabled persons. 1750-b. Health care decisions for mentally retarded persons. 1751. Petition for appointment;...
  • New York Surrogate's Court Procedure - § 1750 - Guardianship of Mentally Retarded Persons
    When it shall appear to the satisfaction of the court that a person is a mentally retarded person, the court is authorized to appoint a...
  • New York Surrogate's Court Procedure - § 1750-A - Guardianship of Developmentally Disabled Persons
    1. When it shall appear to the satisfaction of the court that a person is a developmentally disabled person, the court is authorized to appoint...
  • New York Surrogate's Court Procedure - § 1750-B - Health Care Decisions for Mentally Retarded Persons
    1. Scope of authority. Unless specifically prohibited by the court after consideration of the determination, if any, regarding a mentally retarded person's capacity to make...
  • New York Surrogate's Court Procedure - § 1751 - Petition for Appointment; by Whom Made
    A petition for the appointment of a guardian of the person or property, or both, of a mentally retarded or developmentally disabled person may be...
  • New York Surrogate's Court Procedure - § 1752 - Petition for Appointment; Contents
    The petition for the appointment of a guardian shall be filed with the court on forms to be prescribed by the state chief administrator of...
  • New York Surrogate's Court Procedure - § 1753 - Persons to Be Served
    1. Upon presentation of the petition, process shall issue to: (a) the parent or parents, adult children, if the petitioner is other than a parent,...
  • New York Surrogate's Court Procedure - § 1754 - Hearing and Trial
    1. Upon a petition for the appointment of a guardian of a mentally retarded or developmentally disabled person eighteen years of age or older, the...
  • New York Surrogate's Court Procedure - § 1755 - Modification Order
    Any mentally retarded or developmentally disabled person eighteen years of age or older, or any person on behalf of any mentally retarded or developmentally disabled...
  • New York Surrogate's Court Procedure - § 1756 - Limited Guardian of the Property
    has been appointed shall have the right to receive and expend any and all wages or other earnings of his or her employment and shall...
  • New York Surrogate's Court Procedure - § 1757 - Standby Guardian of a Mentally Retarded or Developmentally Disabled Person
    1. Upon application, a standby guardian of the person or property or both of a mentally retarded or developmentally disabled person may be appointed by...
  • New York Surrogate's Court Procedure - § 1758 - Court Jurisdiction
    1. The jurisdiction of the court to hear proceedings pursuant to this article shall be subject to article eighty-three of the mental hygiene law. 2....
  • New York Surrogate's Court Procedure - § 1759 - Duration of Guardianship
    1. Such guardianship shall not terminate at the age of majority or marriage of such mentally retarded or developmentally disabled person but shall continue during...
  • New York Surrogate's Court Procedure - § 1760 - Corporate Guardianship
    No corporation may be appointed guardian of the person under the provisions of this article, except that a non-profit corporation organized and existing under the...
  • New York Surrogate's Court Procedure - § 1761 - Application of Other Provisions
    To the extent that the context thereof shall admit, the provisions of article seventeen of this act shall apply to all proceedings under this article...
  • New York Surrogate's Court Procedure - Article 18 - Claims; Payment of Debts and Funeral Expenses
    Section 1802. Effect of failure to present claim. 1803. Form and verification of claims; service of notice. 1804. Contingent or unliquidated claims; retention of assets...
  • New York Surrogate's Court Procedure - § 1802 - Effect of Failure to Present Claim
    If any claim is not presented on or before the day fixed in the notice published pursuant to the preceding section or if no notice...
  • New York Surrogate's Court Procedure - § 1803 - Form and Verification of Claims; Service of Notice
    1. Every claim against the estate of a decedent other than claims for expenses of administration and claims of the United States or the state...
  • New York Surrogate's Court Procedure - § 1804 - Contingent or Unliquidated Claims; Retention of Assets for Estate Taxes
    1. Whenever at the death of any person there shall be a contingent or unliquidated claim against the decedent's estate or an outstanding bond, recognizance...
  • New York Surrogate's Court Procedure - § 1805 - Determination of Issues Arising Between Representative and the Estate; Suspension of Statute of Limitations in Certain Cases
    1. A fiduciary shall not pay out of the property of the decedent any debt alleged to be owing to him by the decedent until...
  • New York Surrogate's Court Procedure - § 1806 - Allowance or Rejection of Claims
    1. Every fiduciary shall promptly give notice in writing to the claimant of the allowance of the claim or of its rejection or of the...
  • New York Surrogate's Court Procedure - § 1807 - Effect of Allowance of Claim by Fiduciary
    1. Whenever a fiduciary shall allow a claim other than the fiduciary's own the validity of the claim shall thereby be established, but if it...
  • New York Surrogate's Court Procedure - § 1808 - Effect of Rejection of Claim by Fiduciary
    1. Except as otherwise provided in 1810, whenever a fiduciary rejects a claim in whole or in part all issues relating to the validity and...
  • New York Surrogate's Court Procedure - § 1809 - Proceeding to Determine Validity and Enforceability of Claims
    1. Whenever a fiduciary has knowledge or notice that a claim may be asserted and no written notice of claim has been presented to him...
  • New York Surrogate's Court Procedure - § 1810 - Claimant's Right to Action At Law or in Equity
    Nothing in this article shall prevent a claimant from commencing an action on his claim at law or in equity, provided that where a claim...
  • New York Surrogate's Court Procedure - § 1811 - Payment of Debts and Funeral Expenses
    1. The reasonable funeral expenses of the decedent subject to the payment of expenses of administration shall be preferred to all debts and claims against...
  • New York Surrogate's Court Procedure - § 1812 - Leave to Issue Execution Against Decedent's Real Property
    For the purpose of procuring a decree granting leave to issue execution against a decedent's real property a judgment creditor shall present to the court...
  • New York Surrogate's Court Procedure - § 1813 - Disputed or Unsettled Debt or Claim May Be Compromised, Compounded or Sold; Compromise of Infant's Claim or Action in Supreme Court
    1. Upon the application of a fiduciary or any person (other than a claimant) whose rights or interests will be affected by allowance of the...
  • New York Surrogate's Court Procedure - § 1814 - Application
    The provisions of this article are not applicable to trusts or the administration thereof.
  • New York Surrogate's Court Procedure - Article 19 - Disposition of Real Property
    1908. Order in which parcels shall be sold. 1909. Rights of the parties to be determined; unknowns. 1910. Bond of fiduciary. 1911. Order to be...
  • New York Surrogate's Court Procedure - § 1901 - Real Property Subject to Disposition; "Disposition" and "Fiduciary" Defined
    1. The court may authorize or direct the disposition of a decedent's real property or any interest therein for any of the purposes set forth...
  • New York Surrogate's Court Procedure - § 1902 - For What Purposes Real Property Is Subject to Disposition
    The real property may be disposed of for any or all of the following purposes: 1. For the payment of the expenses of administration. 2....
  • New York Surrogate's Court Procedure - § 1903 - Limitations
    1. Unless a proceeding under this article to satisfy a debt of the decedent is brought within 18 months from the date when letters were...
  • New York Surrogate's Court Procedure - § 1904 - Petition and Process
    1. A proceeding under this article may be instituted by filing of a verified petition by a fiduciary or any person interested. The petition shall...
  • New York Surrogate's Court Procedure - § 1905 - When Disposition May Be Refused or Delayed
    1. The court may deny the application upon such terms and conditions as justice shall require. 2. If the disposition affects real property and it...
  • New York Surrogate's Court Procedure - § 1906 - Trial and Determination of Debts, Claims and Expenses; Statute of Limitations
    1. If any claim, debt, demand, charge, or expense set forth in the petition presented prior to an application for judicial settlement, or set forth...
  • New York Surrogate's Court Procedure - § 1907 - Order Determining Disposition of Real Property
    1. Upon the return of process the court shall inquire into the facts, the value of the property and the best manner and time of...
  • New York Surrogate's Court Procedure - § 1908 - Order in Which Parcels Shall Be Sold
    If the sale of real property is necessary for the purposes set forth in 1902, subdivisions 1, 2, 3 or 4 and the decedent dies...
  • New York Surrogate's Court Procedure - § 1909 - Rights of the Parties to Be Determined; Unknowns
    1. Where an order is made directing the sale of the real property for distribution or directing the transfer thereof to a spouse or beneficiary...
  • New York Surrogate's Court Procedure - § 1910 - Bond of Fiduciary
    1. In any case where the court directs disposition of the property it may direct the fiduciary to furnish such bond as it may require...
  • New York Surrogate's Court Procedure - § 1911 - Order to Be Executed and Report Made
    1. The fiduciary shall thereupon execute the order, subject to the approval of the court, and make a report of his proceedings thereunder. 2. The...
  • New York Surrogate's Court Procedure - § 1912 - Effect of Death of Fiduciary
    1. In the event of the death, removal or disqualification of all of the fiduciaries before the granting of an order directing disposition of the...
  • New York Surrogate's Court Procedure - § 1913 - Conclusiveness of Mortgage, Lease, Conveyance or Release Executed Pursuant to Order
    The mortgage, lease, conveyance or release made pursuant to an order granted as provided in this article shall bind the remainders and reversions as well...
  • New York Surrogate's Court Procedure - § 1914 - Execution of the Order; Decree of Judicial Settlement
    1. When the order has been fully executed the fiduciary shall file, on or before the adjourned day of the judicial settlement, a supplemental account...
  • New York Surrogate's Court Procedure - § 1915 - Allowance on Bid to Spouse, Beneficiary or Creditor Purchasing
    1. If upon a sale a spouse, beneficiary or creditor of the decedent becomes the purchaser of any of the decedent's real property the court...
  • New York Surrogate's Court Procedure - § 1916 - Provision for Payment of Undetermined Claims and Debts Not Yet Due
    If any claim remains undetermined at the making of the decree or any debt is not yet due and the person holding it does not...
  • New York Surrogate's Court Procedure - § 1917 - Effect of Conveyance of Decedent's Interest Under Contract
    1. A conveyance of the decedent's interest in all the real property held by him under a contract for the purchase thereof operates as an...
  • New York Surrogate's Court Procedure - § 1918 - Right of Life Tenant to Be Considered in Disposition; Distribution of Moneys Realized
    1. Where any party to the proceeding has an existing or inchoate right of dower or curtesy or where any party to the proceeding has...
  • New York Surrogate's Court Procedure - § 1919 - Restitution From Assets Subsequently Discovered
    Where a decree has been made for the application of the proceeds of real property as prescribed in this article and assets which should have...
  • New York Surrogate's Court Procedure - § 1920 - Disposition of Surplus in Action to Enforce Mortgage or Other Lien
    1. Where real property liable to be disposed of as prescribed in this act is sold in an action or special proceeding, or otherwise, to...
  • New York Surrogate's Court Procedure - § 1921 - Conveyance of Real Property by Fiduciary to Vendee of Contract of Sale Made by Decedent
    1. Where a decedent dies seized of real property after he has made a contract for the conveyance thereof remaining unexecuted at his death his...
  • New York Surrogate's Court Procedure - § 1922 - Conclusive Presumption After 10 Years
    An action or proceeding to set aside any disposition of the real property of a decedent pursuant to an order granted under this article or...
  • New York Surrogate's Court Procedure - § 1923 - Fiduciary of a Decedent to Notify Local Assessor of Disposition
    Whenever the fiduciary of a decedent or his successor shall direct, or take part in or discover that his decedent's real property or any interest...
  • New York Surrogate's Court Procedure - Article 20 - Proceeding to Open Safe Deposit Box
    Section 2001. Definition. 2003. Opening safe deposit box.
  • New York Surrogate's Court Procedure - § 2001 - Definition
    When used in this article the term fiduciary includes, where no fiduciary has been appointed, any person in actual or constructive possession of any property...
  • New York Surrogate's Court Procedure - § 2003 - Opening Safe Deposit Box
    1. When it appears to the court by petition that a person, firm or corporation has in its possession or under its control papers of...
  • New York Surrogate's Court Procedure - Article 21 - Miscellaneous Proceedings
    Section 2101. General provisions. 2102. Proceedings for relief against a fiduciary. 2103. Proceeding by fiduciary to discover property withheld or obtain information. 2104. Inquiry; trial...
  • New York Surrogate's Court Procedure - § 2101 - General Provisions
    Unless otherwise indicated 1. All proceedings under this article and all proceedings within the jurisdiction of the court under 202 (a) May be commenced by...
  • New York Surrogate's Court Procedure - § 2102 - Proceedings for Relief Against a Fiduciary
    A proceeding may be commenced to require a fiduciary: 1. To supply information concerning the assets or affairs of an estate relevant to the interest...
  • New York Surrogate's Court Procedure - § 2103 - Proceeding by Fiduciary to Discover Property Withheld or Obtain Information
    1. A fiduciary may present to the court which has jurisdiction over the estate a petition showing on knowledge or information and belief that any...
  • New York Surrogate's Court Procedure - § 2104 - Inquiry; Trial and Decree
    1. Upon the return of the order, whether or not the respondent answers, the petitioner may examine him with respect to the allegations of the...
  • New York Surrogate's Court Procedure - § 2105 - Proceeding to Compel Delivery of Property by a Fiduciary Which Is Claimed by Another or Others
    1. A person having a claim to property as defined in 103 or the proceeds thereof alleged to be in the possession of or under...
  • New York Surrogate's Court Procedure - § 2106 - Proceeding for Compromise of Controversies Between Claimants to Property or Estates Where Interests of Persons Under Disability or Not in Being Are Af
    fected 1. Where the interests of persons under disability or not in being are or may be affected (a) A fiduciary may petition for authorization...
  • New York Surrogate's Court Procedure - § 2107 - Court May Direct as to Value, Manner and Time of Sale of Property and Give Advice and Direction in Extraordinary Circumstances
    1. Whenever the value of property of an estate is uncertain or dependent upon the time and manner of sale thereof a fiduciary may apply...
  • New York Surrogate's Court Procedure - § 2108 - Proceeding by Fiduciary for Continuation of a Business
    A fiduciary may petition for the continuation of a business other than a profession, of which decedent or the person whose estate is being administered...
  • New York Surrogate's Court Procedure - § 2109 - Money Paid Into Court and Securities Taken; How Disposed of
    The provisions of CPLR 2601 to 2608 inclusive shall be applicable to property paid into court pursuant to an order or decree of this court.
  • New York Surrogate's Court Procedure - § 2110 - Compensation of Attorneys
    1. At any time during the administration of an estate and irrespective of the pendency of a particular proceeding, the court is authorized to fix...
  • New York Surrogate's Court Procedure - § 2111 - Ex Parte Application for Advance Payment of Fees of an Attorney-fiduciary or Guardian Ad Litem
    1. At any time during the administration of an estate and irrespective of the pendency of a particular proceeding an attorney of this state who...
  • New York Surrogate's Court Procedure - § 2112 - Compensation of Persons Acting Under Powers of Attorney or Other Instruments
    1. At any time during the administration of an estate and irrespective of the pendency of a particular proceeding the court is authorized either on...
  • New York Surrogate's Court Procedure - § 2113 - Proof or Probate of Heirship
    1. Where a person seized in fee of real property within the state dies intestate or without devising his real property, his distributees or any...
  • New York Surrogate's Court Procedure - § 2114 - Review of Compensation of Corporate Trustee
    1. At any time during the administration of a testamentary or lifetime trust and irrespective of the pendency of a particular proceeding, the court may...
  • New York Surrogate's Court Procedure - § 2115 - Review of Costs of Delegation by Trustee
    1. At any time during the administration of a trust and irrespective of the pendency of a particular proceeding, the court with jurisdiction of the...
  • New York Surrogate's Court Procedure - Article 22 - Accounting
    for claim for funeral expenses. 2214. Property of estate to be delivered on order. 2215. Decree for payment and distribution. 2216. Distribution in kind. 2217....
  • New York Surrogate's Court Procedure - § 2201 - Accountability of Legal Life Tenant or Fiduciary, Committee or Conservator of Legal Life Tenant
    Every right granted by this article to or against a testamentary trustee and the fiduciary, committee of a testamentary trustee or conservator shall apply to...
  • New York Surrogate's Court Procedure - § 2202 - Recording or Filing Instruments Settling Accounts in Part or in Whole
    There may be recorded or filed in the court any instrument settling an account in whole or in part executed by one or more fiduciaries...
  • New York Surrogate's Court Procedure - § 2203 - Decree on Filing Instruments Approving Accounts
    1. A fiduciary may present to the court a petition showing the names and post-office addresses of all persons interested, that all taxes have been...
  • New York Surrogate's Court Procedure - § 2204 - Judicial Settlement Where Recovery Has Been Had in Negligence Action
    1. Where a judgment or compromise of a cause of action has been obtained and the proceeds are ready to be paid over and where...
  • New York Surrogate's Court Procedure - § 2205 - Compulsory Account and Related Relief on a Court's Own Initiative or on Petition; Who May Petition
    1. In the manner provided in this section and in section 2206, the court may at any time, upon it appearing that it is for...
  • New York Surrogate's Court Procedure - § 2206 - Compulsory Account and Related Relief; Proceedings Thereupon
    1. A petition to compel an account made pursuant to 2205 may request multiple relief (a) pursuant to 711 and 719 to suspend and/or remove...
  • New York Surrogate's Court Procedure - § 2207 - Accounting by Fiduciary of Deceased Fiduciary, Committee of Incompetent Fiduciary, or Conservator of Conservatee Fiduciary
    1. Where a fiduciary dies the court has the same jurisdiction upon the petition of any person required to be served upon a voluntary judicial...
  • New York Surrogate's Court Procedure - § 2208 - Voluntary Account; Who May Petition
    In any of the following cases a fiduciary may present to the court his account and a petition praying that his account be judicially settled...
  • New York Surrogate's Court Procedure - § 2209 - Affidavit to Account
    To each account filed in the court, as prescribed in this article, must be appended the affidavit of the accounting party to the effect that...
  • New York Surrogate's Court Procedure - § 2210 - Voluntary Account; Process
    Upon a voluntary judicial settlement of the account of a fiduciary process must issue to: 1. All unpaid creditors or persons claiming to be creditors...
  • New York Surrogate's Court Procedure - § 2211 - Voluntary Account; Proceedings Thereupon
    1. On the return of process issued as prescribed in the preceding section the court must take the account, hear the proofs of the parties...
  • New York Surrogate's Court Procedure - § 2212 - Accounting for Profit and Loss
    No profit shall be made by a fiduciary by the increase nor shall he sustain any loss by the decrease or loss without his fault...
  • New York Surrogate's Court Procedure - § 2213 - Accounting for Claim for Funeral Expenses
    1. If upon any accounting it shall appear that a fiduciary has failed to pay a claim for funeral expenses, the amount of which has...
  • New York Surrogate's Court Procedure - § 2214 - Property of Estate to Be Delivered on Order
    1. The court has jurisdiction to compel a fiduciary or the fiduciary or successor of any deceased fiduciary at any time to deliver any of...
  • New York Surrogate's Court Procedure - § 2215 - Decree for Payment and Distribution
    1. Where an account is judicially settled as prescribed in this article and any part of the estate remains and is ready to be distributed...
  • New York Surrogate's Court Procedure - § 2216 - Distribution in Kind
    At any time during the administration of an estate or upon an accounting the court may direct the conveyance of any unsold realty or the...
  • New York Surrogate's Court Procedure - § 2217 - When Money or Property May Be Retained
    1. In any of the following cases the decree must direct that a sum sufficient to satisfy a debt or claim or the proportion to...
  • New York Surrogate's Court Procedure - § 2218 - Deposit in Court for Benefit of Legatee, Distributee or Beneficiary
    1. (a) Where it shall appear that an alien legatee, distributee or beneficiary is domiciled or resident within a country to which checks or warrants...
  • New York Surrogate's Court Procedure - § 2219 - Adjustment of Advancements
    Where there is a surplus of personal property to be distributed and the advancement as provided in EPTL 2-1.5 consisted of personal property or where...
  • New York Surrogate's Court Procedure - § 2220 - Payment of Share of Infant, Incompetent or Conservatee or Person Under Disability
    1. Where an infant, incompetent, conservatee, or person under disability is entitled to money or property as beneficiary of an estate or to the proceeds...
  • New York Surrogate's Court Procedure - § 2221 - Payment of Legacy or Distributive Share to Foreign Fiduciary
    1. Where a beneficiary of an estate is entitled to money or property within the jurisdiction of the court and such beneficiary is a non-domiciliary...
  • New York Surrogate's Court Procedure - § 2222 - Legacy or Distributive Share Payable to Unknown Person to Be Paid to Comptroller
    1. Where the person entitled to a legacy or distributive share is unknown the decree must direct the fiduciary to pay the amount thereof to...
  • New York Surrogate's Court Procedure - § 2222-A - Notice of Legacy or Distributive Share Payable to Inmate or Prisoner
    Where the legatee, distributee or beneficiary is an inmate serving a sentence of imprisonment with the state department of corrections and community supervision or a...
  • New York Surrogate's Court Procedure - § 2223 - Funds Paid Into Court
    1. Where it appears that the whereabouts of any legatee, distributee, creditor or other person entitled to payment from the estate is unknown the decree...
  • New York Surrogate's Court Procedure - § 2224 - Id.; Where Beneficiary's Name or Whereabouts Is Unknown
    1. Where it appears to the satisfaction of the court that the name or whereabouts of any person interested in the estate as a beneficiary...
  • New York Surrogate's Court Procedure - § 2225 - Determination of Distributees, Devisees, Legatees, Beneficiaries and Distributive and Beneficial Shares
    In any proceeding where the court is required to determine the distributees entitled to share in the estate under EPTL 4-1.1, or where a devisee,...
  • New York Surrogate's Court Procedure - § 2226 - Rights of Alleged Decedent Upon Return
    If letters shall issue upon the estate of an alleged decedent and if thereafter the person alleged to be dead shall return he or she...
  • New York Surrogate's Court Procedure - § 2227 - Summary Statement
    of the account as settled or must refer to such summary, which must be recorded.
  • New York Surrogate's Court Procedure - Article 23 - Costs, Allowances and Commissions
    Section 2301. Costs, general. 2302. Award of costs and allowances. 2303. Security for costs. 2304. Costs of appeal. 2305. Fees of appraiser. 2306. Annual statements...
  • New York Surrogate's Court Procedure - § 2301 - Costs, General
    1. Costs and allowances in the court shall be awarded solely in accordance with this article and shall include all disbursements of the party awarded...
  • New York Surrogate's Court Procedure - § 2302 - Award of Costs and Allowances
    1. Upon a motion the court may award costs to any party in such amount as it determines not exceeding $20 to each party, except...
  • New York Surrogate's Court Procedure - § 2303 - Security for Costs
    the court, upon the application of any interested party who might resort to the security if furnished, may make an order or decree dismissing the...
  • New York Surrogate's Court Procedure - § 2304 - Costs of Appeal
    1. The appellate court may award costs of the appeal as follows: (a) Upon an appeal in a proceeding to construe a will, to any...
  • New York Surrogate's Court Procedure - § 2305 - Fees of Appraisers
    An appraiser is entitled in addition to his actual expenses, to a sum to be fixed by the court for his services in making the...
  • New York Surrogate's Court Procedure - § 2306 - Annual Statements to Be Furnished to Beneficiaries
    Any trustee who is not required to furnish annual statements under either 2308 or 2309 because he has not retained annual commissions shall nevertheless be...
  • New York Surrogate's Court Procedure - § 2307 - Commissions of Fiduciaries Other Than Trustees
    1. Except as otherwise provided in paragraph (f) of this subdivision on the settlement of the account of any fiduciary other than a trustee the...
  • New York Surrogate's Court Procedure - § 2307-A - Commissions of Attorney-executor
    1. Disclosure. When an attorney prepares a will to be proved in the courts of this state and such attorney, a then affiliated attorney, or...
  • New York Surrogate's Court Procedure - § 2308 - Commissions of Trustees Under Wills of Persons Dying, or Under Lifetime Trusts Created, on or Before August 31, 1956
    1. On the settlement of the account of any trustee under the will of a person dying on or before August 31, 1956, or under...
  • New York Surrogate's Court Procedure - § 2309 - Commissions of Trustees Under Wills of Persons Dying, or Lifetime Trusts Established, After August 31, 1956
    1. On the settlement of the account of any trustee under the will of a person dying after August 31, 1956, or under a lifetime...
  • New York Surrogate's Court Procedure - § 2310 - Payment on Account of Commissions
    1. At any time during the administration of an estate and irrespective of the pendency of a particular proceeding a fiduciary may present to the...
  • New York Surrogate's Court Procedure - § 2311 - Ex Parte Application for Advance Payment of Commissions
    1. At any time during the administration of an estate and irrespective of the pendency of a particular proceeding a fiduciary may present to the...
  • New York Surrogate's Court Procedure - § 2312 - Commissions of Corporate Trustees
    1. If the will or lifetime trust instrument makes provisions for specific rates or amounts of commissions (other than a general reference to commissions allowed...
  • New York Surrogate's Court Procedure - § 2313 - Multiple Commissions of Executors or Trustees Under Wills of Persons Dying, or Lifetime Trusts Established, After August 31, 1993
    With respect to wills of persons dying, or lifetime trusts established, after August 31, 1993, if there are more than two executors or trustees, no...
  • New York Surrogate's Court Procedure - Article 24 - Court Fees
    Section 2401. Fees in the surrogate's court; general provisions. 2402. Fees; amount of. 2403. Fees of court reporter in surrogate's court. 2404. Expenses.
  • New York Surrogate's Court Procedure - § 2401 - Fees in the Surrogate's Court; General Provisions
    1. In the surrogate's court fees for service, filing and other matters shall be as provided in this article to the exclusion of other statutory...
  • New York Surrogate's Court Procedure - § 2402 - Fees
    as required for filing objections, demand for jury trial or for filing note of issue shall be payable. 2. Administration. Upon filing a petition to...
  • New York Surrogate's Court Procedure - § 2403 - Fees of Court Reporter in Surrogate's Court
    Except where otherwise agreed or when special provision is otherwise made by statute a court reporter is entitled for a copy fully written out from...
  • New York Surrogate's Court Procedure - § 2404 - Expenses
  • New York Surrogate's Court Procedure - Article 25 - Records and Recording
    Section 2501. Records to be kept by court; general requirements. 2502. Books to be kept by clerk. 2504. Wills to be retained after probate; execptions....
  • New York Surrogate's Court Procedure - § 2501 - Records to Be Kept by Court; General Requirements
    1. The clerk of the court shall keep a record of and be responsible for the proper indexing, filing or recording, as the case may...
  • New York Surrogate's Court Procedure - § 2502 - Books to Be Kept by Clerk
    The clerk shall keep and maintain: 1. A record book properly indexed in which shall be entered a description of every proceeding with proper entries...
  • New York Surrogate's Court Procedure - § 2504 - Wills to Be Retained After Probate; Exceptions
    1. A written will which has been admitted to probate must remain in the court, except where the will is on file in a court...
  • New York Surrogate's Court Procedure - § 2505 - Transmission of Wills of Non-domiciliaries and Domiciliaries of Another County Before Probate
    Whenever it appears that an instrument purporting to be a will is on file or is in safekeeping and no proceeding for the probate thereof...
  • New York Surrogate's Court Procedure - § 2506 - Recording Wills Proved Within the State
    1. A certified copy of a will of real property admitted to probate in any court of competent jurisdiction of the state must be recorded...
  • New York Surrogate's Court Procedure - § 2507 - Reception of Wills for Safekeeping
    1. The court of any county upon being paid the fees allowed therefor by law shall receive and deposit in the court any will of...
  • New York Surrogate's Court Procedure - § 2508 - Filing of Will of Decedent
    The court of any county may receive and file the will of any decedent domiciled in that county at the date of death which any...
  • New York Surrogate's Court Procedure - § 2509 - Firearms Inventory
    Whenever, by regulation, rule or statute, a fiduciary or attorney of record must file a list of assets constituting a decedent's estate, such list must...
  • New York Surrogate's Court Procedure - Article 26 - the Surrogate's Court and Its Officers
    Section 2601. When court open; terms and sessions. 2602. Terms of courts and powers of judges in counties having more than one judge of the...
  • New York Surrogate's Court Procedure - § 2601 - When Court Open; Terms and Sessions
    1. The court is always open for the transaction of any business within its powers and jurisdiction. 2. The judge of a surrogate's court may...
  • New York Surrogate's Court Procedure - § 2602 - Terms of Courts and Powers of Judges in Counties Having More Than One Judge of the Surrogate's Court
    1. In any county having more than 1 judge of the surrogate's court (a) all of the powers conferred by law upon a judge of...
  • New York Surrogate's Court Procedure - § 2603 - Surrogate and Acting Surrogate
    1. The judge of the surrogate's court may be designated as the surrogate. He may sign any paper wherever he may be at any time....
  • New York Surrogate's Court Procedure - § 2604 - Disqualification of Judge
    1. In addition to his general disqualifications as a judicial officer, a judge of the surrogate's court is also disqualified. (a) from acting upon an...
  • New York Surrogate's Court Procedure - § 2605 - Chief Clerk, Deputy Chief Clerk and Other Personnel of the Courts Unless Otherwise Provided for a Particular County
    1. Chief clerk. By written order filed and recorded in his office, which he may in like manner revoke at pleasure, a surrogate shall appoint...
  • New York Surrogate's Court Procedure - § 2606 - Chief Clerk and Deputy Chief Clerk of the Surrogate's Court and Other Personnel in Bronx, Kings, New York, Queens and Richmond Counties
    1. The judge of the surrogate's court in the counties of Bronx, Kings, New York, Queens and Richmond counties may severally appoint and remove a...
  • New York Surrogate's Court Procedure - § 2607 - Court Reporters
    to serve in an action or proceeding to be paid a reasonable compensation certified by the surrogate which shall be a charge upon the city...
  • New York Surrogate's Court Procedure - § 2608 - Expenses of Surrogate or Clerk
    Where, upon the application of any party, the judge or clerk of the surrogate's court goes to a place other than the court in order...
  • New York Surrogate's Court Procedure - § 2609 - Powers of Chief Clerk and Other Officers of the Surrogate's Court
    1. The chief clerk and deputy chief clerk of the surrogate's court may exercise, concurrently with the surrogate, the following powers: (a) To certify and...
  • New York Surrogate's Court Procedure - § 2610 - Commissioner of Records of Surrogate's Court, New York County; Appointment; Salary; Duties
    1. The surrogates of New York county shall appoint a commissioner of records. The commissioner shall appoint, subject to the prior approval of the surrogates,...
  • New York Surrogate's Court Procedure - § 2611 - Other Court Matters
    1. Each surrogate may establish and organize within the court such departments and divisions as deemed necessary and advisable to effectively perform the various phases...
  • New York Surrogate's Court Procedure - Article 27 - Appeals
    Section 2701. Appeal; general applicability of CPLR. 2702. Proceedings upon remittitur.
  • New York Surrogate's Court Procedure - § 2701 - Appeal; General Applicability of Cplr
    1. Except as otherwise provided in this act either expressly or by necessary implication all of those provisions of the CPLR which govern appeals generally,...
  • New York Surrogate's Court Procedure - § 2702 - Proceedings Upon Remittitur
    Remittitur from the appellate court to this court shall also be as provided in the CPLR, except that any decree or order to be entered...
  • New York Surrogate's Court Procedure - Article 28 - Repeal; Savings Clause; Effective Date
    Section 2801. Repeal of surrogate's court act. 2802. Pending and subsequent actions and proceedings. 2803. Reference to surrogate's court act. 2804. Effect of unconstitutionality in...
  • New York Surrogate's Court Procedure - § 2801 - Repeal of Surrogate's Court Act
    Chapter 928 of the laws of 1920, entitled "An act in relation to surrogates and the practice and procedure in surrogate's courts" and all acts...
  • New York Surrogate's Court Procedure - § 2802 - Pending and Subsequent Actions and Proceedings
    This act shall apply to all actions and proceedings hereafter commenced. It shall also apply to all further proceedings in pending actions and proceedings except...
  • New York Surrogate's Court Procedure - § 2803 - Reference to Surrogate's Court Act
    This act shall succeed the surrogate's court act and shall be deemed substituted therefor throughout the statutes and rules of the state. Reference in any...
  • New York Surrogate's Court Procedure - § 2804 - Effect of Unconstitutionality in Part
    If any clause, sentence, paragraph, subdivision, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such...
  • New York Surrogate's Court Procedure - § 2805 - Effective Date
    This act shall take effect September first, nineteen hundred sixty-seven.

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Last modified: February 16, 2014