Title SCP, Surrogate's Court Procedure

§ 301. Statute of limitations (a) For the purpose of computing the period of limitation under article two of the civil practice law and rules, a proceeding is commenced upon the filing of a petition, provided process is issued and service made upon any respondent within one hundr…

§ 302. Pleadings 1. Unless otherwise provided in this act (a) Pleadings shall consist of the petition, answer or objections and account. (b) There shall be no other pleading unless directed by the court. (c) An answer or objection shall be served upon the return of process or at …

§ 303. Verification All pleadings shall be verified in the manner provided by CPLR 3020.

§ 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 title of the proceeding, the name and domicile of the person to whose estate or person the proceedin…

§ 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.

§ 306. Citation. 1. A citation must substantially set forth: (a) The name and domicile of the person to whose estate or person the proceeding relates and of the petitioner. (b) The names of all persons to be served who have not waived issuance and service of process, or have not …

§ 307. Service of process 1. Service by personal delivery. Service of the process may be made on any person by personal delivery of a copy of the process either within or without the state. 2. Service by registered or certified mail, or by special mail service. Service of the pro…

§ 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 governed by the following paragraphs: (a) The citation shall be served at least the following number of days before the …

§ 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 by other means. Unless the court directs otherwise, the service of the process shal…

§ 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 process without the state may be made in the same manner as within the state by any of the persons authorized by CPLR 313…

§ 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 such person, require by order or direction in the minutes that a copy of the process issued be delivered…

§ 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 with the provisions of 307 and 308 on any person in any proceeding, so that any person necessary or p…

§ 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 time of service thereof. Such direction may be indicated on the process or endorsed…

§ 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 a writing admitting service shall not be sufficient if made by an infant under the age of 16 year…

§ 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 process. For the purposes of this section, the term "an interest in the …

§ 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, the process shall be issued to the attorney general of the state.

§ 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 by attorney, except that a corporation or voluntary association shall appear by attorney. An infant by the…

§ 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. The appointment of a guardian ad litem does not bar th…

§ 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 day of process for the appointment of a named attorney as his guardian ad litem. There shall be filed with the pe…

§ 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 such infant brought p…

§ 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 consent to act and unless he has previously done so, a statement of no interest adverse to or in c…

§ 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 following, in such proportion as directed by the court: (a) the estate, (b) the interest of the pe…

§ 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 appear by his guardian, committee, or conservator, respectively, or where such ap…

§ 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 court, the surrogate shall advise such person before proceeding that he has the right to …

§ 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 proceeding pending in any court other than the supreme court which affects or relates to the ad…

§ 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 fact arises as to which any party has a constitutional right of trial by jury, in any proceeding for …

§ 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 issues whenever it determines as a matter of law that the evidence is insufficient to create an issue of fact for a jury o…

§ 504. Jurors Jurors shall be selected from any panel in attendance at any trial term of the supreme court or county court of the county.

§ 505. Trial by the court 1. The court shall decide all issues not required to be tried by a jury. 2. Upon a 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 contain eit…

§ 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 demanded, the court may appoint a referee to report to the court upon the facts or upon a specific question of f…

§ 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 time and place of taking the examination as the court prescribes and shall pay the court its actual and necessary expen…

§ 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 CPLR 3113 (a). 2. The court may issue a commission to a person authorized to ta…

§ 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 of the facts therein stated.

§ 510. Pretrial conference At any time after issue has been joined, the court, in its discretion, may require the attendance of all parties and counsel at one or more pretrial conferences. The conferences shall be held for the purpose of settlement negotiation, or, in the alterna…

§ 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 entered in writing and not included in a decree is an order. A decree or order has the same …

§ 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 to issue an execution against a fiduciary is, except upon an appeal therefrom, presumptive…

§ 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 it be for other than money only, the clerk shall insert in the transcript a brief statement of the nature…

§ 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 order of the court. Every such instrument to be recorded shall be acknowledged and the…

§ 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 after the docketing of a transcript as set forth in 603 of this act, whereupon the decree or order shall…

§ 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 act, may be enforced by serving a certified copy thereof upon the party agai…

§ 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, may present to the court a petition showing: 1. One of the grounds prescri…

§ 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 of the judge of the court, sealed with the seal of the court and signed by the court or the chief clerk of the court or such ot…

§ 702. Limited and restrictive letters Letters may be granted limiting and restricting the powers and rights of the holder thereof: 1. To the enforcement or prosecution of a cause of action in favor of the decedent or his fiduciary under general or special provisions of law, to t…

§ 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 they are granted until the decree granting them is reversed or modified upon…

§ 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 authority under the letters until they are revoked. He is entitled to demand and recover from an…

§ 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 supplementary letters are issued upon the same estate, the time so specified must be reckoned from th…

§ 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 the deceased fiduciary or to the one who has been removed or whose …

§ 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) an infant (b) an incompetent (c) a non-domiciliary noncitizen except one who is a foreign guardian as provid…

§ 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 domiciliary address and designating the clerk of the court to receive service of…

§ 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, may file objections showing his or her …