Title SCP, Surrogate's Court Procedure

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

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

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

§ 304. Contents of petition\n In addition to such other requirements as may be applicable to the\npetition in a particular proceeding, a petition must substantially set\nforth:\n 1. The title of the proceeding, the name and domicile of the person to\nwhose estate or person the pr…

§ 305. Process, where returnable\n The process of a surrogate's court, except where otherwise prescribed\nby law, must be made returnable before the court from which it was\nissued.\n

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

§ 307. Service of process\n 1. Service by personal delivery. Service of the process may be made on\nany person by personal delivery of a copy of the process either within\nor without the state.\n 2. Service by registered or certified mail, or by special mail\nservice. Service of …

§ 308. Return day of citation\n 1. Based on place of service. Except as otherwise provided in\nsubdivisions 2 and 3, the time of the return of a citation shall be\ngoverned by the following paragraphs:\n (a) The citation shall be served at least the following number of days\nbefo…

§ 309. When service of process complete\n 1. Service by personal delivery. The service of process is complete\nimmediately upon personal delivery to the respondent when service is so\nmade.\n 2. Service by other means. Unless the court directs otherwise, the\nservice of the proce…

§ 310. Who may serve process\n 1. Any person over the age of 18 years, although a party, may serve\nprocess of the court within the state.\n 2. Personal service of process without the state may be made in the\nsame manner as within the state by any of the persons authorized by CP…

§ 311. Designee for person under disability\n Whenever the person to be served is a person under disability, whether\nor not a party so requests, the court may in the interest of such\nperson, require by order or direction in the minutes that a copy of the\nprocess issued be deli…

§ 312. Additional parties; supplemental process\n The court may issue a supplemental process at any time and require any\nparty to procure it and cause it to be served in conformity with the\nprovisions of 307 and 308 on any person in any proceeding, so that any\nperson necessary…

§ 313. Manner of giving notice when not otherwise prescribed\n Whenever the manner of giving notice is not otherwise prescribed, the\ncourt may direct both as to the form of notice and the manner and time\nof service thereof. Such direction may be indicated on the process or\nend…

§ 314. Proof of service of subpoena or process\n Proof of service of a subpoena or process shall be made in the manner\nand form prescribed by CPLR 306 and 4532, provided, however, that a\nwriting admitting service shall not be sufficient if made by an infant\nunder the age of 16…

§ 315. Joinder and representation of persons interested in estates\n 1. The provisions of this section shall apply in any proceeding in\nwhich all persons interested in the estate are required to be served\nwith process. For the purposes of this section, the term "an interest in\…

§ 316. Process to attorney general where persons unknown\n In every case where it appears that there is no distributee or\nbeneficiary or that it is not known whether or not there be such, the\nprocess shall be issued to the attorney general of the state.\n

§ 401. Appearance of parties\n 1. Who may appear. A party other than an infant, incompetent or\nconservatee may appear and prosecute or defend a special proceeding in\nperson or by attorney, except that a corporation or voluntary\nassociation shall appear by attorney. An infant b…

§ 402. Appearance for infant, incompetent, conservatee or person under\n disability\n 1. An infant may appear by the guardian of his property, an\nincompetent by the committee of his property, and a conservatee by his\nconservator. The appointment of a guardian ad litem does not …

§ 403. Appointment of guardian ad litem\n 1. By nomination. (a) An infant over the age 14 years or his parent or\nguardian may petition the court on or before the return day of process\nfor the appointment of a named attorney as his guardian ad litem. There\nshall be filed with t…

§ 403-a. Proceedings for the commitment of the guardianships and custody\n of infants; appointment of guardians ad litem\n 1. The court shall appoint a guardian ad litem to represent an infant\nin a proceeding for the commitment of the guardianship and custody of\nsuch infant bro…

§ 404. Qualification and duties of guardian ad litem\n 1. A guardian ad litem shall be an attorney admitted to practice in\nNew York.\n 2. Before entering upon his duties he shall file a consent to act and\nunless he has previously done so, a statement of no interest adverse to\n…

§ 405. Compensation of guardian ad litem\n 1. For services rendered a guardian ad litem shall receive reasonable\ncompensation to be allowed by the court payable from any or all of the\nfollowing, in such proportion as directed by the court:\n (a) the estate,\n (b) the interest o…

§ 406. Person under disability bound by proceeding\n Whenever a guardian ad litem shall be appointed for a person under\ndisability as defined in this act or an infant, incompetent or\nconservatee shall appear by his guardian, committee, or conservator,\nrespectively, or where su…

§ 407. Assignment of counsel for indigent persons\n 1. (a) Each of the persons described below in this subdivision has\nthe right to the assistance of counsel. When such person first appears\nin court, the surrogate shall advise such person before proceeding that\nhe has the righ…

§ 501. Transfer, consolidation and severance\n 1. The court may upon motion by any party:\n (a) Transfer for trial to the surrogate's court having jurisdiction\nover an estate any action or proceeding pending in any court other than\nthe supreme court which affects or relates to …

§ 502. Trial by jury; waiver or withdrawal\n 1. Right to jury trial. A party is entitled to trial by jury, if duly\ndemanded, in any proceeding in which any controverted question of fact\narises as to which any party has a constitutional right of trial by\njury, in any proceeding…

§ 503. Proceedings upon jury trial\n 1. At any time during trial the court upon motion of any party or on\nits own initiative may direct judgment on one or more issues whenever it\ndetermines as a matter of law that the evidence is insufficient to\ncreate an issue of fact for a j…

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

§ 505. Trial by the court\n 1. The court shall decide all issues not required to be tried by a\njury.\n 2. Upon a trial by the court without a jury:\n (a) the court shall render a decision directing the order or decree\nto be entered which, except for such direction, need not con…

§ 506. Reference to hear and report\n 1. In any proceeding other than one instituted for probate of a will\nor where a constitutional right to trial by jury exists and is demanded,\nthe court may appoint a referee to report to the court upon the facts or\nupon a specific question…

§ 507. Testimony of witness\n 1. The testimony of a witness may be taken at any place the court\ndirects. The party applying therefor shall give such notice of the time\nand place of taking the examination as the court prescribes and shall\npay the court its actual and necessary …

§ 508. Before whom testimony may be taken; issuance of commission.\n 1. Testimony may be taken within or without the state or in a foreign\ncountry by an attorney in addition to the persons enumerated in CPLR\n3113 (a).\n 2. The court may issue a commission to a person authorized…

§ 509. Effect of uncontroverted allegations of fact\n Except as otherwise prescribed by law, a petition, or account filed in\na proceeding, unless denied by answer, objection or other proof, is due\nproof of the facts therein stated.\n

§ 510. Pretrial conference\n At any time after issue has been joined, the court, in its discretion,\nmay require the attendance of all parties and counsel at one or more\npretrial conferences. The conferences shall be held for the purpose of\nsettlement negotiation, or, in the al…

§ 601. Definition of decree and order; how order enforced\n The determination of the rights of the parties to a special proceeding\nin the court is a decree.\n A direction of the court made or entered in writing and not included\nin a decree is an order.\n A decree or order has t…

§ 602. Decree or order, when evidence of assets\n A decree directing payment by a fiduciary to a creditor of, or a\nperson interested in, the estate, or an order permitting a judgment\ncreditor to issue an execution against a fiduciary is, except upon an\nappeal therefrom, presum…

§ 603. Transcript of decree or order\n 1. Clerk to furnish transcript. Upon the application of any person,\nthe clerk must furnish to him a transcript of any decree or order. If\nit be for other than money only, the clerk shall insert in the\ntranscript a brief statement of the n…

§ 604. Decree; instruments of satisfaction\n Upon the request of any person interested, there may be recorded with\nthe court any instrument acknowledging payment of moneys pursuant to a\ndecree or order of the court. Every such instrument to be recorded\nshall be acknowledged an…

§ 605. Enforcement of decree by execution\n An execution shall not issue out of the court. The enforcement by\nexecution of any decree or order of the court shall take place only\nafter the docketing of a transcript as set forth in 603 of this act,\nwhereupon the decree or order …

§ 606. Enforcement of decree or order by punishment for contempt; when\n 1. In any of the following cases, a decree or order of the court,\ndirecting the payment of money or requiring the performance of any act,\nmay be enforced by serving a certified copy thereof upon the party\…

§ 607. Enforcement of decree or order by punishment for contempt; manner\n A person interested in the compliance with a decree or order,\ndirecting the payment of a sum of money or the performance of any act,\nmay present to the court a petition showing:\n 1. One of the grounds p…

§ 701. Requisites of letters\n 1. Letters granted by any court to a fiduciary shall be issued in the\nname of the people of the state, attested in the name of the judge of\nthe court, sealed with the seal of the court and signed by the court or\nthe chief clerk of the court or su…

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

§ 703. Letters evidence of authority; effect of appeal\n 1. Subject to the provisions of the succeeding section, letters\ngranted by the court are conclusive evidence of the authority of the\npersons to whom they are granted until the decree granting them is\nreversed or modified…

§ 704. Priority among different letters\n A person who applies in good faith therefor, and to whom letters are\nfirst issued from a court having jurisdiction to issue them, has\nexclusive authority under the letters until they are revoked. He is\nentitled to demand and recover fr…

§ 705. Time, how reckoned upon successive letters\n Where it is prescribed by law that an act must or may be done within a\nspecified time after letters are issued and successive or supplementary\nletters are issued upon the same estate, the time so specified must be\nreckoned fr…

§ 706. When surviving or remaining fiduciary may act; when successor\n must be appointed\n 1. Where one of two or more fiduciaries dies or is removed or where\nletters issued to one of them are revoked, a successor to the deceased\nfiduciary or to the one who has been removed or …

§ 707. Eligibility to receive letters\n Letters may issue to a natural person or to a person authorized by law\nto be a fiduciary except as follows:\n 1. Persons ineligible\n (a) an infant\n (b) an incompetent\n (c) a non-domiciliary noncitizen except one who is a foreign guardia…

§ 708. Qualification of fiduciaries\n Before letters are granted to a fiduciary, the fiduciary shall file in\nthe surrogate's court or family court:\n 1. An acknowledged instrument stating the fiduciary's domiciliary\naddress and designating the clerk of the court to receive serv…

§ 709. Objection to grant of letters or appointment of lifetime trustee\n Any person interested, including a nominated fiduciary, before letters\nare granted to another fiduciary or the surrogate's court appoints a\ntrustee of a lifetime trust, may file objections showing his or …