The New York State Surrogate’s Courts have jurisdiction over all actions and proceedings relating to the affairs of decedents. This includes the probate of wills (testate) and the administration of estates (intestate), small estates, ancillary proceedings, disputed claims, discovery proceedings, accountings, compromise and settlement of wrongful death actions, guardianships of the person and property of an infant and SCPA Article 17A guardianships.
New York Surrogate’s Court procedures are governed by the NY Surrogate Court Procedure Act (SCPA), the NY Estates, Powers and Trusts Laws (EPTL), the NY Mental Hygiene Law (MHL) and the NY Uniform Rules for Surrogate’s Court (22N.Y.C.R.R.). If no provision is found therein, the NY Civil Practice Law and Rules (CPLR) and other pertinent laws apply. All proceedings are commenced by the filing of a petition. Personal jurisdiction is obtained over parties by service of process upon them, by their signing a waiver of the issuance of service of process, or by their appearance in court.
When a New York domiciliary dies (decedent) having a Last Will and Testament (testate), probate is the process in which:
- A Will is “proved” to the satisfaction of the Court to be the valid Last Will and Testament of the decedent,
- The person named in the Will as Executor (fiduciary) is appointed to carry out the wishes of the decedent, and
- Jurisdiction is obtained over all interested parties who are given an opportunity to oppose the Will prior to its admission to probate.
The probate proceeding is commenced by the filing of a petition and supporting documents with the court.
When a New York domiciliary dies without a Will (intestate), an ADMINISTRATION is the process in which Letters are issued to a distributee of the decedent who is eligible to receive them. NY EPTL §1-2.5 defines a distributee as a “person entitled to take or share in the property of a decedent under the statutes governing descent and distribution.” EPTL §4-1.1 establishes the rules for the descent and distribution of a decedent’s estate. It is necessary to file an administration petition (LINK Surrogate Court Forms | Buffalo Attorneys | Legal Review (wny-lawyers.com) with the court to commence a proceeding in Surrogate’s Court.
For assistance with New York estate probate and administration, call or text experienced New York Probate Attorney, Robert Friedman at (585) 484-7432.