Title SCP, Surrogate's Court Procedure

§ 2222-a. Notice of legacy or distributive share payable to incarcerated\n individual or prisoner\n Where the legatee, distributee or beneficiary is an incarcerated\nindividual serving a sentence of imprisonment with the state department\nof corrections and community supervision …

§ 2223. Funds paid into court\n 1. Where it appears that the whereabouts of any legatee, distributee,\ncreditor or other person entitled to payment from the estate is unknown\nthe decree must direct the fiduciary to pay into court the legacy,\ndistributive share or money due such…

§ 2224. Id.; where beneficiary's name or whereabouts is unknown\n 1. Where it appears to the satisfaction of the court that the name or\nwhereabouts of any person interested in the estate as a beneficiary or\nassignee cannot be ascertained after the exercise of due diligence and\…

§ 2225. Determination of distributees, devisees, legatees, beneficiaries\n and distributive and beneficial shares\n In any proceeding where the court is required to determine the\ndistributees entitled to share in the estate under EPTL 4-1.1, or where\na devisee, legatee or a ben…

§ 2226. Rights of alleged decedent upon return\n If letters shall issue upon the estate of an alleged decedent and if\nthereafter the person alleged to be dead shall return he or she shall on\ndemand receive the property then in the hands of the fiduciary after\nreserve for any u…

§ 2227. Summary statement\n Each decree whereby an account is judicially settled must contain in\nthe body thereof a summary statement of the account as settled or must\nrefer to such summary, which must be recorded.\n

§ 2301. Costs, general\n 1. Costs and allowances in the court shall be awarded solely in\naccordance with this article and shall include all disbursements of the\nparty awarded costs which might be taxed in the supreme court.\n 2. Any award for costs or an allowance is in all ins…

§ 2302. Award of costs and allowances\n 1. Upon a motion the court may award costs to any party in such\namount as it determines not exceeding $20 to each party, except in\ncounties within the City of New York, where such amount shall not exceed\n$40.\n 2. Upon rendering a decree…

§ 2303. Security for costs\n 1. In any proceeding in which an issue is raised by answer or\nobjection by or on behalf of a non-domiciliary against the proponent of\na will or a fiduciary or where the probate of a will has been tried\nbefore a jury which has disagreed, the court m…

§ 2304. Costs of appeal\n 1. The appellate court may award costs of the appeal as follows:\n (a) Upon an appeal in a proceeding to construe a will, to any party to\nthe appeal.\n (b) Upon an appeal in any other proceeding, to any party who\n (i) has succeeded therein in whole or …

§ 2305. Fees of appraisers\n An appraiser is entitled in addition to his actual expenses, to a sum\nto be fixed by the court for his services in making the appraisal. He\nshall file with the court an affidavit showing the nature and extent of\nhis services, and expenses if any, a…

§ 2306. Annual statements to be furnished to beneficiaries\n Any trustee, donee of a power during minority or donee of a power in\ntrust who is not required to furnish annual statements under either 2308\nor 2309 because he or she has not retained annual commissions shall\nnevert…

§ 2307. Commissions of fiduciaries other than trustees\n 1. Except as otherwise provided in paragraph (f) of this subdivision\non the settlement of the account of any fiduciary other than a trustee,\na donee of a power during minority or a donee of a power in trust, the\ncourt mu…

§ 2307-a. Commissions of attorney-executor\n 1. Disclosure. When an attorney prepares a will to be proved in the\ncourts of this state and such attorney, a then affiliated attorney, or\nan employee of such attorney or a then affiliated attorney is therein an\nexecutor-designee, t…

§ 2308. Commissions of trustees, donees of power during minority and\n donees of powers in trust under wills of persons dying, or\n under lifetime trusts created, on or before August 31, 1956\n 1. On the settlement of the account of any trustee or donee of power\nin trust under t…

§ 2309. Commissions of trustees, of donees of powers during minority and\n of donees of powers in trust under wills of persons dying, or\n lifetime trusts established, after August 31, 1956\n 1. On the settlement of the account of any trustee or donee of a power\nin trust under t…

§ 2310. Payment on account of commissions\n 1. At any time during the administration of an estate and irrespective\nof the pendency of a particular proceeding a fiduciary may present to\nthe court from which his letters issued a petition praying that he be\npermitted to receive a…

§ 2311. Ex parte application for advance payment of commissions\n 1. At any time during the administration of an estate and irrespective\nof the pendency of a particular proceeding a fiduciary may present to\nthe court from which his letters issued a petition praying that he be\n…

§ 2312. Commissions of corporate trustees, including when acting as\n donees of powers during minority or donees of power in trust\n 1. If the will or lifetime trust instrument makes provisions for\nspecific rates or amounts of commissions (other than a general reference\nto comm…

§ 2313. Multiple commissions of executors or trustees, donees of powers\n during minority, or donees of power in trust under wills of\n persons dying, or lifetime trusts established, after August\n 31, 1993\n With respect to wills of persons dying, or lifetime trusts\nestablished…

§ 2401. Fees in the surrogate's court; general provisions\n 1. In the surrogate's court fees for service, filing and other matters\nshall be as provided in this article to the exclusion of other statutory\nprovisions unless expressly stated to the contrary.\n 2. The clerk of each…

§ 2402. Fees. Amount of\n 1. Probate. Upon filing a petition to commence a proceeding for\nprobate of a will the fee shall be as shown by the following schedule\ncomputed initially upon the gross estate passing by will as stated in\nthe petition; provided however that in a procee…

§ 2403. Fees of court reporter in surrogate's court\n Except where otherwise agreed or when special provision is otherwise\nmade by statute a court reporter is entitled for a copy fully written\nout from his stenographic notes of the testimony required to be made in\nany proceedi…

§ 2404. Expenses\n Where upon the application of any party the surrogate or any of the\npersonnel of the court goes to a place other than the court in order to\ntake testimony or to produce records or for any purpose required by law,\nthe person so going shall be paid by such par…

§ 2501. Records to be kept by court; general requirements\n 1. The clerk of the court shall keep a record of and be responsible\nfor the proper indexing, filing or recording, as the case may be,\ncollating, arranging, restoring and preserving of all records,\ndocuments, books, ma…

§ 2502. Books to be kept by clerk\n The clerk shall keep and maintain:\n 1. A record book properly indexed in which shall be entered a\ndescription of every proceeding with proper entries under each denoting\nthe papers filed, orders and decrees made and the steps taken therein,\…

§ 2504. Wills to be retained after probate; exceptions\n 1. A written will which has been admitted to probate must remain in\nthe court, except where the will is on file in a court or public office\nof another state or country under the laws of which it cannot be\nremoved.\n 2. W…

§ 2505. Transmission of wills of non-domiciliaries and domiciliaries of\n another county before probate\n Whenever it appears that an instrument purporting to be a will is on\nfile or is in safekeeping and no proceeding for the probate thereof is\npending and that the maker of su…

§ 2506. Recording wills proved within the state\n 1. A certified copy of a will of real property admitted to probate in\nany court of competent jurisdiction of the state must be recorded in the\noffice of the county clerk or register as the case requires of any\ncounty in which r…

§ 2507. Reception of wills for safekeeping\n 1. The court of any county upon being paid the fees allowed therefor\nby law shall receive and deposit in the court any will of a domiciliary\nof the county which any person shall deliver to it for that purpose and\nshall give a writte…

§ 2508. Filing of will of decedent.\n The court of any county may receive and file the will of any decedent\ndomiciled in that county at the date of death which any person shall\ndeliver, without payment of fee. A record of the receipt and filing\nthereof shall be made by the cle…

§ 2509. Firearms inventory\n Whenever, by regulation, rule or statute, a fiduciary or attorney of\nrecord must file a list of assets constituting a decedent's estate, such\nlist must include a particularized description of every firearm, shotgun\nand rifle, as such terms are defi…

§ 2601. When court open; terms and sessions\n 1. The court is always open for the transaction of any business within\nits powers and jurisdiction.\n 2. The judge of a surrogate's court may appoint and may alter the\ntimes and places of transacting any business which may come befo…

§ 2602. Terms of courts and powers of judges in counties having more\n than one judge of the surrogate's court.\n 1. In any county having more than 1 judge of the surrogate's court\n (a) all of the powers conferred by law upon a judge of the surrogate's\ncourt may be exercised by…

§ 2603. Surrogate and acting surrogate\n 1. The judge of the surrogate's court may be designated as the\nsurrogate. He may sign any paper wherever he may be at any time.\n 2. Where the county judge is also a judge of the surrogate's court he\nshall be designated as such without a…

§ 2604. Disqualification of judge\n 1. In addition to his general disqualifications as a judicial officer,\na judge of the surrogate's court is also disqualified.\n (a) from acting upon an application for the probate of a will where\nhe is an attesting witness or is necessarily e…

§ 2605. Chief clerk, deputy chief clerk and other personnel of the\n courts unless otherwise provided for a particular county\n 1. Chief clerk. By written order filed and recorded in his office,\nwhich he may in like manner revoke at pleasure, a surrogate shall\nappoint a chief c…

§ 2606. Chief clerk and deputy chief clerk of the surrogate's court and\n other personnel in Bronx, Kings, New York, Queens and Richmond\n counties\n 1. The judge of the surrogate's court in the counties of Bronx, Kings,\nNew York, Queens and Richmond counties may severally appoi…

§ 2607. Court reporters\n 1. Each surrogate may appoint and at pleasure remove one or more court\nreporters for the court, whose compensation shall be determined and paid\nin the same manner as salaries of clerks in the court.\n 2. The court reporter appointed to serve in the sur…

§ 2608. Expenses of surrogate or clerk\n Where, upon the application of any party, the judge or clerk of the\nsurrogate's court goes to a place other than the court in order to take\ntestimony, he shall be paid by such party his actual and necessary\nexpenses.\n

§ 2609. Powers of chief clerk and other officers of the surrogate's\n court\n 1. The chief clerk and deputy chief clerk of the surrogate's court may\nexercise, concurrently with the surrogate, the following powers:\n (a) To certify and sign, issue or seal in the name of the clerk…

§ 2610. Commissioner of records of surrogate's court, New York county;\n appointment; salary; duties\n 1. The surrogates of New York county shall appoint a commissioner of\nrecords. The commissioner shall appoint, subject to the prior approval\nof the surrogates, subordinates to …

§ 2611. Other court matters\n 1. Each surrogate may establish and organize within the court such\ndepartments and divisions as deemed necessary and advisable to\neffectively perform the various phases of work of the court including\naccounting, administration, adoption, guardians…

§ 2701. Appeal; general applicability of CPLR.\n 1. Except as otherwise provided in this act either expressly or by\nnecessary implication all of those provisions of the CPLR which govern\nappeals generally, CPLR article 55, and appeals to the appellate\ndivision from judgments a…

§ 2702. Proceedings upon remittitur.\n Remittitur from the appellate court to this court shall also be as\nprovided in the CPLR, except that any decree or order to be entered in\nthis court upon the remittitur shall be as directed by the court.\n

§ 2801. Repeal of surrogate's court act.\n Chapter 928 of the laws of 1920, entitled "An act in relation to\nsurrogates and the practice and procedure in surrogate's courts" and all\nacts amendatory thereof and supplemental thereto, constituting the\nsurrogate's court act, as her…

§ 2802. Pending and subsequent actions and proceedings\n This act shall apply to all actions and proceedings hereafter\ncommenced. It shall also apply to all further proceedings in pending\nactions and proceedings except to the extent that the court determines\nthat the applicati…

§ 2803. Reference to surrogate's court act\n This act shall succeed the surrogate's court act and shall be deemed\nsubstituted therefor throughout the statutes and rules of the state.\nReference in any statute or rule to a particular provision of the\nsurrogate's court act or to …

§ 2804. Effect of unconstitutionality in part\n If any clause, sentence, paragraph, subdivision, section or part of\nthis chapter shall be adjudged by any court of competent jurisdiction to\nbe invalid, such judgment, decree or order shall not affect, impair or\ninvalidate the re…

§ 2805. Effective date\n This act shall take effect September first, nineteen hundred\nsixty-seven.\n