Title SCP, 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 a decedent of whose estate the court has jurisdiction or that the decedent has leased from them a safe deposit box …

§ 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 of New York, and all other authority and jurisdiction now or hereafter conferred upon the…

§ 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, to exercise any of the jurisdiction granted to it by this act or other provisio…

§ 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 jurisdiction of the court is exercised by the commencement of a proceedin…

§ 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 absence of fraud or collusion, conclusively established by an allegation of the jurisdict…

§ 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 of his death, disappearance or internment. The proper venue for proceedings relating to such estates i…

§ 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 of action for wrongful death against a domiciliary of the state. The proper venue …

§ 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 the grantor was a domiciliary of the state at the time of the commencement of a proceeding conce…

§ 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 against a domiciliary, is deemed personal property in the county where the d…

§ 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 an estate which was made prior to the probate of and without knowledge of a will which aff…

§ 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 may exercise personal jurisdiction over any non-domiciliary, or his fiduciary, as …

§ 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 a fiduciary, creditor or person interested. (b) May be entertained by the court or may be reserve…

§ 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 of the petitioner when the fiduciary has failed after request made upon him in …

§ 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 property as defined in 103 or the proceeds or valu…

§ 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 petition. If it appears thereon that an issue of title to any property as defined in 103 or the proceeds…

§ 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 the control of a fiduciary may present to the court …

§ 2106. Proceeding for compromise of controversies between claimants to property or estates where interests of persons under disability or not in being are affected 1. Where the interests of persons under disability or not in being are or may be affected (a) A fiduciary may petit…

§ 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 by petiti…

§ 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 was sole owner and it is desired to continue it for the best inte…

§ 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.

§ 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 in an action in the supreme court, such person would be subject to the personal …

§ 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 and determine the compensation of an attorney for services rendered to a fiduciary or to a devisee, …

§ 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 is a fiduciary, or guardian ad li…

§ 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 its own initiative or on application by the fid…

§ 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 of them or any person deriving title from or through such distributees or any of them may present e…

§ 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 review the reasonableness of the compensation determined by the corporate tr…

§ 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 trust may review the reasonableness of the costs of a delegation by the trustee und…

§ 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.

§ 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 a similar proceedi…

§ 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 and one or more legatees, devisees, distributees, beneficiaries, cr…

§ 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 paid or that no taxes were due and that the petitioner has fully accounted an…

§ 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 the recovery is not an asset of the decedent's estate but goes by special pro…

§ 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 the best interests of the estate, make an order (a…

§ 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 a fiduciary who fails to appear on the return date of process or fails to…

§ 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 settlem…

§ 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 and that all necessary and proper parties be required to show cause why such settlement should …

§ 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 the account contains according to the best of his knowledge and belief a true statement of all his receipts an…

§ 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 of the decedent. 2. The surety on his bond, if any. 3. All cofiduciaries who do not join in the…

§ 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 respecting it and make such order or decree as justice shall require. 2. The fiduciary may be…

§ 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 of any part of the estate, but he shall be charged with the increase and credited for the decrease or loss on the …

§ 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 been fixed by the court as provided in 2101 and 2102 or upon the accounting, he shall not be credit…

§ 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 the property of the estate which has come into his possession or is under his control and …

§ 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 the decree must direct the payment and distribution therefrom of the shares of the persons entitle…

§ 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 delivery of any unsold chattel or the assignment of any uncollected demand or any other personal property to a par…

§ 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 which it is entitled, together with the probable amount of the interest and costs, or that any personal pro…

§ 2218. Deposit in court for benefit of legatee, distributee or beneficiary. 1. (a) Where it shall appear that a noncitizen legatee, distributee or beneficiary is domiciled or resident within a country to which checks or warrants drawn against funds of the United States may not …

§ 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 a deficiency in the adjustment of an advancement of real property is chargeable on personal pro…

§ 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 of any action brought as prescribed i…

§ 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 infant, incompetent, conservatee or decedent, payment or delive…

§ 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 the comptroller of the state for the benefit of the…