New York Surrogate's Court
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The Surrogate's Court of the State of New York handles all
probate Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the st ...
and estate proceedings in the
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
State Unified Court System. All wills are probated in this court and all estates of people who die without a will are handled in this court. Unclaimed property of the deceased without wills is handled by the Judge of this court. It also handles adoptions. There is a Surrogate's Court in each county in the state. The judges of this court are styled the "Surrogate of County". The surrogate is elected countywide, and is required to be a resident of the pertaining county. Each of New York's 62 counties has one surrogate, except
New York County Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. state ...
and
Kings County Kings County or King's County may refer to: Places Canada *Kings County, New Brunswick *Kings County, Nova Scotia *Kings County, Prince Edward Island ** King's County (electoral district), abolished in 1892 Ireland * County Offaly, formerly calle ...
which have two each. Surrogates are elected to 10-year terms, except those in the five counties within
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
where surrogates are elected to 14-year terms. In some counties, usually those with a small number of inhabitants, the judge of the
County Court A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the hig ...
holds at the same time the office of surrogate. There have been frequent efforts to abolish the Surrogate's Court and redistribute its powers to the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
(the general trial court) and the
Family Court Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plainti ...
. The most recent efforts stem from the corruption scandal surrounding former
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
Surrogate Michael Feinberg, who was removed from the bench in 2005.


See also

*
New York State Courts Electronic Filing System The New York State Courts Electronic Filing System (NYSCEF) is the electronic court filing (e-filing) system used in the New York State Unified Court System. E-filing in criminal cases in the Supreme Court and County Court A county court is a co ...
* Probate court for other jurisdictions * Surrogate's Courthouse, building in lower Manhattan


References

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External links


New York City Surrogate's Courts

Surrogate's Court outside New York City

Surrogate's Court
in the New York Codes, Rules and Regulations New York (state) state courts Probate courts in the United States Courts and tribunals with year of establishment missing