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Surrogate’s Court: Where Should I File My Petition?

  • 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 temporarily located, always intends to return” – in short, the person must have a home in New York and consider New York his/her permanent home.

Despite that every Surrogate’s Court in the State of New York has the power/jurisdiction to make a ruling on any Petition filed with it in regard to a deceased person’s estate, only the Surrogate’s Court located in the county where the deceased person lived has proper venue, and, in order to avoid a long and costly delay, always file any petition relating to a deceased person’s estate with the Surrogate’s Court located in the deceased person’s county of domocile.

Christopher C. Haner

Christopher C. Haner practices in the areas of Estate
Planning, Estate Administration, Estate Litigation,
Trusts, Elder Law, Medicaid Counseling and Guardianship.
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