Title SCP, Surrogate's Court Procedure

§ 2003. Opening safe deposit box\n 1. When it appears to the court by petition that a person, firm or\ncorporation has in its possession or under its control papers of a\ndecedent of whose estate the court has jurisdiction or that the decedent\nhas leased from them a safe deposit…

§ 201. General jurisdiction of the surrogate's court\n 1. The court has, is granted and shall continue to be vested with all\nthe jurisdiction conferred upon it by the Constitution of the State of\nNew York, and all other authority and jurisdiction now or hereafter\nconferred upo…

§ 202. Enumerated proceedings not exclusive\n The proceedings enumerated in this act shall not be deemed exclusive\nand the court is empowered in any proceeding, whether or not\nspecifically provided for, to exercise any of the jurisdiction granted\nto it by this act or other pro…

§ 203. Jurisdiction of parties and subject matter\n The court obtains jurisdiction in every case to make a decree or other\ndetermination by the existence of the jurisdictional facts prescribed by\nstatute.\n The jurisdiction of the court is exercised by the commencement of a\npr…

§ 204. Presumption of jurisdiction\n Where the jurisdiction of the court to make a decree or other\ndetermination is drawn in question collaterally, the jurisdiction is\npresumptively and in the absence of fraud or collusion, conclusively\nestablished by an allegation of the juri…

§ 205. Domiciliaries; jurisdiction and venue\n 1. The surrogate's court of any county has jurisdiction over the\nestate of a decedent who was a domiciliary of the state at the time of\nhis death, disappearance or internment. The proper venue for proceedings\nrelating to such esta…

§ 206. Non-domiciliaries; jurisdiction and venue\n 1. The surrogate's court of any county has jurisdiction over the\nestate of any non-domiciliary decedent who leaves property in the state,\nor a cause of action for wrongful death against a domiciliary of the\nstate. The proper v…

§ 207. Lifetime trusts; jurisdiction and venue\n 1. The surrogate's court of any county has jurisdiction over the\nestate of any lifetime trust which has assets in the state, or of which\nthe grantor was a domiciliary of the state at the time of the\ncommencement of a proceeding …

§ 208. Jurisdiction; how affected by locality of certain assets\n For the purpose of conferring jurisdiction upon the court:\n 1. A debt or a cause of action for wrongful death, in favor of a\nnon-domiciliary against a domiciliary, is deemed personal property in\nthe county where…

§ 209. Powers incidental to jurisdiction of the court\n The court has power:\n 1. To open, vacate, modify or set aside any decree or order of the\ncourt directing distribution of the property of an estate which was made\nprior to the probate of and without knowledge of a will whi…

§ 210. Jurisdictional predicate\n 1. Traditional bases. The court shall exercise jurisdiction over\npersons and property as heretofore or hereafter permitted by law.\n 2. Additional bases.\n (a) The court may exercise personal jurisdiction over any\nnon-domiciliary, or his fiduci…

§ 2101. General provisions\n Unless otherwise indicated\n 1. All proceedings under this article and all proceedings within the\njurisdiction of the court under 202\n (a) May be commenced by a fiduciary, creditor or person interested.\n (b) May be entertained by the court or may b…

§ 2102. Proceedings for relief against a fiduciary\n A proceeding may be commenced to require a fiduciary:\n 1. To supply information concerning the assets or affairs of an estate\nrelevant to the interest of the petitioner when the fiduciary has failed\nafter request made upon h…

§ 2103. Proceeding by fiduciary to discover property withheld or obtain\n information\n 1. A fiduciary may present to the court which has jurisdiction over\nthe estate a petition showing on knowledge or information and belief\nthat any property as defined in 103 or the proceeds o…

§ 2104. Inquiry; trial and decree\n 1. Upon the return of the order, whether or not the respondent\nanswers, the petitioner may examine him with respect to the allegations\nof the petition. If it appears thereon that an issue of title to any\nproperty as defined in 103 or the pro…

§ 2105. Proceeding to compel delivery of property by a fiduciary which\n is claimed by another or others\n 1. A person having a claim to property as defined in 103 or the\nproceeds thereof alleged to be in the possession of or under the control\nof a fiduciary may present to the …

§ 2106. Proceeding for compromise of controversies between claimants to\n property or estates where interests of persons under\n disability or not in being are affected\n 1. Where the interests of persons under disability or not in being are\nor may be affected\n (a) A fiduciary …

§ 2107. Court may direct as to value, manner and time of sale of\n property and give advice and direction in extraordinary\n circumstances\n 1. Whenever the value of property of an estate is uncertain or\ndependent upon the time and manner of sale thereof a fiduciary may apply\nb…

§ 2108. Proceeding by fiduciary for continuation of a business\n A fiduciary may petition for the continuation of a business other than\na profession, of which decedent or the person whose estate is being\nadministered was sole owner and it is desired to continue it for the\nbest…

§ 2109. Money paid into court and securities taken; how disposed of\n The provisions of CPLR 2601 to 2608 inclusive shall be applicable to\nproperty paid into court pursuant to an order or decree of this court.\n

§ 211. When jurisdiction in personam obtained\n The court may exercise personal jurisdiction over any person as to any\nmatter within the subject matter jurisdiction of the court, if, on\nanalogous facts in an action in the supreme court, such person would be\nsubject to the pers…

§ 2110. Compensation of attorneys\n 1. At any time during the administration of an estate and irrespective\nof the pendency of a particular proceeding, the court is authorized to\nfix and determine the compensation of an attorney for services rendered\nto a fiduciary or to a devi…

§ 2111. Ex parte application for advance payment of fees of an\n attorney-fiduciary or guardian ad litem\n 1. At any time during the administration of an estate and irrespective\nof the pendency of a particular proceeding an attorney of this state who\nis a fiduciary, or guardian…

§ 2112. Compensation of persons acting under powers of attorney or other\n instruments\n 1. At any time during the administration of an estate and\nirrespective of the pendency of a particular proceeding the court is\nauthorized either on its own initiative or on application by t…

§ 2113. Proof or probate of heirship\n 1. Where a person seized in fee of real property within the state\ndies intestate or without devising his real property, his distributees\nor any of them or any person deriving title from or through such\ndistributees or any of them may pres…

§ 2114. Review of compensation of corporate trustee\n 1. At any time during the administration of a testamentary or lifetime\ntrust and irrespective of the pendency of a particular proceeding, the\ncourt may review the reasonableness of the compensation determined by\nthe corpora…

§ 2115. Review of costs of delegation by trustee\n 1. At any time during the administration of a trust and irrespective\nof the pendency of a particular proceeding, the court with jurisdiction\nof the trust may review the reasonableness of the costs of a delegation\nby the truste…

§ 212. Service of process\n All processes of the court may be served and executed in any part of\nthe state and without the state when authorized by law.\n

§ 2201. Accountability of legal life tenant or fiduciary, committee or\n conservator of legal life tenant\n Every right granted by this article to or against a testamentary\ntrustee and the fiduciary, committee of a testamentary trustee or\nconservator shall apply to a similar pr…

§ 2202. Recording or filing instruments settling accounts in part or in\n whole\n There may be recorded or filed in the court any instrument settling an\naccount in whole or in part executed by one or more fiduciaries and one\nor more legatees, devisees, distributees, beneficiari…

§ 2203. Decree on filing instruments approving accounts\n 1. A fiduciary may present to the court a petition showing the names\nand post-office addresses of all persons interested, that all taxes have\nbeen paid or that no taxes were due and that the petitioner has fully\naccount…

§ 2204. Judicial settlement where recovery has been had in negligence\n action\n 1. Where a judgment or compromise of a cause of action has been\nobtained and the proceeds are ready to be paid over and where the\nrecovery is not an asset of the decedent's estate but goes by speci…

§ 2205. Compulsory account and related relief on a court's own\n initiative or on petition; who may petition\n 1. In the manner provided in this section and in section 2206, the\ncourt may at any time, upon it appearing that it is for the best\ninterests of the estate, make an or…

§ 2206. Compulsory account and related relief; proceedings thereupon\n 1. A petition to compel an account made pursuant to 2205 may request\nmultiple relief (a) pursuant to 711 and 719 to suspend and/or remove a\nfiduciary who fails to appear on the return date of process or fail…

§ 2207. Accounting by fiduciary of deceased fiduciary, committee of\n incompetent fiduciary, or conservator of conservatee fiduciary\n 1. Where a fiduciary dies the court has the same jurisdiction upon\nthe petition of any person required to be served upon a voluntary\njudicial s…

§ 2208. Voluntary account; who may petition\n In any of the following cases a fiduciary may present to the court his\naccount and a petition praying that his account be judicially settled\nand that all necessary and proper parties be required to show cause why\nsuch settlement sh…

§ 2209. Affidavit to account\n To each account filed in the court, as prescribed in this article,\nmust be appended the affidavit of the accounting party to the effect\nthat the account contains according to the best of his knowledge and\nbelief a true statement of all his receip…

§ 2210. Voluntary account; process\n Upon a voluntary judicial settlement of the account of a fiduciary\nprocess must issue to:\n 1. All unpaid creditors or persons claiming to be creditors of the\ndecedent.\n 2. The surety on his bond, if any.\n 3. All cofiduciaries who do not j…

§ 2211. Voluntary account; proceedings thereupon\n 1. On the return of process issued as prescribed in the preceding\nsection the court must take the account, hear the proofs of the parties\nrespecting it and make such order or decree as justice shall require.\n 2. The fiduciary …

§ 2212. Accounting for profit and loss\n No profit shall be made by a fiduciary by the increase nor shall he\nsustain any loss by the decrease or loss without his fault of any part\nof the estate, but he shall be charged with the increase and credited\nfor the decrease or loss on…

§ 2213. Accounting for claim for funeral expenses\n 1. If upon any accounting it shall appear that a fiduciary has failed\nto pay a claim for funeral expenses, the amount of which has been fixed\nby the court as provided in 2101 and 2102 or upon the accounting, he\nshall not be c…

§ 2214. Property of estate to be delivered on order\n 1. The court has jurisdiction to compel a fiduciary or the fiduciary\nor successor of any deceased fiduciary at any time to deliver any of the\nproperty of the estate which has come into his possession or is under\nhis control…

§ 2215. Decree for payment and distribution\n 1. Where an account is judicially settled as prescribed in this\narticle and any part of the estate remains and is ready to be\ndistributed the decree must direct the payment and distribution\ntherefrom of the shares of the persons en…

§ 2216. Distribution in kind\n At any time during the administration of an estate or upon an\naccounting the court may direct the conveyance of any unsold realty or\nthe delivery of any unsold chattel or the assignment of any uncollected\ndemand or any other personal property to …

§ 2217. When money or property may be retained\n 1. In any of the following cases the decree must direct that a sum\nsufficient to satisfy a debt or claim or the proportion to which it is\nentitled, together with the probable amount of the interest and costs,\nor that any persona…

§ 2218. Deposit in court for benefit of legatee, distributee or\nbeneficiary. 1. (a) Where it shall appear that a noncitizen legatee,\ndistributee or beneficiary is domiciled or resident within a country to\nwhich checks or warrants drawn against funds of the United States may\n…

§ 2219. Adjustment of advancements\n Where there is a surplus of personal property to be distributed and\nthe advancement as provided in EPTL 2-1.5 consisted of personal property\nor where a deficiency in the adjustment of an advancement of real\nproperty is chargeable on persona…

§ 2220. Payment of share of infant, incompetent or conservatee or person\n under disability\n 1. Where an infant, incompetent, conservatee, or person under\ndisability is entitled to money or property as beneficiary of an estate\nor to the proceeds of any action brought as prescr…

§ 2221. Payment of legacy or distributive share to foreign fiduciary\n 1. Where a beneficiary of an estate is entitled to money or property\nwithin the jurisdiction of the court and such beneficiary is a\nnon-domiciliary infant, incompetent, conservatee or decedent, payment\nor d…

§ 2222. Legacy or distributive share payable to unknown person to be\n paid to comptroller\n 1. Where the person entitled to a legacy or distributive share is\nunknown the decree must direct the fiduciary to pay the amount thereof\nto the comptroller of the state for the benefit …