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  • By: Christopher C. Haner
  • Published: July 11, 2015

According to statute/law, the Surrogate's Court is the court authorized to "exercise general jurisdiction in law and equity to administer justice in all matters relating to estates and the affairs of decedents." Another, simpler, way of thinking of the Surrogate's Court is to think of it as the "dead people" Court, as nearly all client contact with the Surrogate's Court…Read More

  • By: Christopher C. Haner
  • Published: July 11, 2015

Any Surrogate's Court within the State of New York has "jurisdiction over the estate of a decedent who was a domociliary of New York at the time of the person's death." A person is deemed to be a domociliary of New York when such person has a "fixed, permanent and principal home in New York to which the person, whenever…Read More

  • By: Christopher C. Haner
  • Published: July 11, 2015

By far the most important documents in any Surrogate's Court proceeding are the Petition, Answer/Objections and Account, documents which are collectively referred to as "Pleadings." Petition - A Petition is the first documents filed in any Surrogate's Court proceeding. It is the document which tells the court what the person filing the Petition, referred to as the Petitioner, is asking…Read More

  • By: Christopher C. Haner
  • Published: July 7, 2015

If you have been served with a Citation, you are a party to a Surrogate's Court proceeding. The Surrogate’s Court is the court which has jurisdiction over a deceased person’s financial affairs and is the Court which a person must petition when seeking to either admit a Will to probate, is seeking to be appointed as the Administrator of a…Read More

  • By: Christopher C. Haner
  • Published: July 7, 2015

When trying to find the definition of a word or phrase used in a Surrogate's Court proceeding, it's always best to start on page 1. By far the most important statues/laws applicable to Surrogate's Court proceedings are the Surrogate's Court Procedure Act, or "SCPA," and the Estates, Powers and Trusts Law, or "EPTL," both of which contain a definitions section…Read More

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