New York Surrogate's Court
   HOME

TheInfoList



OR:

The Surrogate's Court of the State of New York handles all
probate In common law jurisdictions, 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, in the absence of a legal will, the e ...
and estate proceedings in the
New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
State
Unified Court System The Judiciary of New York (officially the New York State Unified Court System) is the judicial branch of the Government of New York, comprising all the courts of the State of New York (excluding extrajudicial administrative courts). The Court ...
. 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 ( ) is the most densely populated and geographically smallest of the five boroughs of New York City. Coextensive with New York County, Manhattan is the smallest county by area in the U.S. state of New York. Located almost entire ...
and Kings County 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 (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
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 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 superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...
(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/plaintif ...
. The most recent efforts stem from the corruption scandal surrounding former
Brooklyn Brooklyn is a Boroughs of New York City, borough of New York City located at the westernmost end of Long Island in the New York (state), State of New York. Formerly an independent city, the borough is coextensive with Kings County, one of twelv ...
Surrogate Michael Feinberg, who was removed from the bench in 2005.


See also

* New York State Courts Electronic Filing System *
Probate court A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. In some jurisdictions, such courts may be referred to as orphans' courts o ...
for other jurisdictions *
Surrogate's Courthouse The Surrogate's Courthouse (also the Hall of Records and 31 Chambers Street) is a historic building at the northwest corner of Chambers Street (Manhattan), Chambers and Centre Street (Manhattan), Centre Streets in the Civic Center, Manhat ...
, building in lower Manhattan


References

{{reflist


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 The ''New York Codes, Rules and Regulations'' (NYCRR) contains New York state rules and regulations. The NYCRR is officially compiled by the New York State Department of State's Division of Administrative Rules. Contents See also * '' New Yor ...
New York state courts Probate courts in the United States Courts and tribunals with year of establishment missing