New York · statute · N.Y. Surrogate's Court Procedure Law · 416 active provisions
CHAPTER 953 AN ACT in relation to surrogate's court practice and procedure governing, generally, the procedure in the surrogates' courts of the state of New York and before the judges thereof, constituting chapter fifty-nine-a of the consolidated laws Became a law August 2, l966, with the approval of the Governor. Pass…
ARTICLE 1 GENERAL Section 101. Short title; how cited. 102. Application of CPLR and other laws. 103. Definitions. 104. Application of act; confirmation of previous acts. 105. Rules for surrogates' courts. 106. Appendix of official forms. 107. Use of electronic filing authorized.
§ 101. Short title; how cited This act shall be known as the surrogate's court procedure act and may be cited as "SCPA". A provision of this act may be cited by its number without being preceded either by the word "section" or the symbol "§". Reference to an article or section without reference to another law shall be…
§ 102. Application of CPLR and other laws The CPLR and other laws applicable to practice and procedure apply in the surrogate's court except where other procedure is provided by this act.
§ 103. Definitions When used in this act, unless otherwise required by the context, or unless a contrary intent is expressly declared in the provision to be construed, the words, phrases or clauses hereafter shall be construed as follows: 1. Acknowledged. Acknowledged or proved in the same manner as a deed is required…
§ 104. Application of act; confirmation of previous acts Each provision of this act relating to the jurisdiction of the surrogate's court over lifetime trusts or to take the proof of a will and to grant letters or appoint trustees or regulating the mode of procedure in any manner concerning a lifetime trust or an estat…
§ 105. Rules for surrogates' courts The court in each county may make such rules for the conduct of business in its court as it may deem necessary, not inconsistent with statute, and subject to the rules and orders of the administrative board and appellate division applicable thereto.
§ 106. Appendix of official forms The state administrator of the state of New York shall have the power to adopt, amend and rescind an appendix of forms. Forms adopted pursuant to this section shall be sufficient under the surrogate's court procedure act and shall be accepted for filing in all of the surrogate's courts…
§ 107. Use of electronic filing authorized 1. Notwithstanding any other provision of law, the chief administrator of the courts may authorize a program in the use of electronic means in the surrogate's court as provided in article twenty-one-A of the civil practice law and rules. 2. For purposes of this section, "elect…
ARTICLE 2 JURISDICTION AND POWERS Section 201. General jurisdiction of the surrogate's court. 202. Enumerated proceedings not exclusive. 203. Jurisdiction of parties and subject matter. 204. Presumption of jurisdiction. 205. Domiciliaries; jurisdiction and venue. 206. Non-domiciliaries; jurisdiction and venue. 207. Lif…
§ 201. General jurisdiction of the surrogate's court 1. The court has, is granted and shall continue to be vested with all the jurisdiction conferred upon it by the Constitution of the State of New York, and all other authority and jurisdiction now or hereafter conferred upon the court by any general or special statute…
§ 202. Enumerated proceedings not exclusive The proceedings enumerated in this act shall not be deemed exclusive and the court is empowered in any proceeding, whether or not specifically provided for, to exercise any of the jurisdiction granted to it by this act or other provisions of law, notwithstanding that the juri…
§ 203. Jurisdiction of parties and subject matter The court obtains jurisdiction in every case to make a decree or other determination by the existence of the jurisdictional facts prescribed by statute. The jurisdiction of the court is exercised by the commencement of a proceeding in the court. All proceedings are spec…
§ 204. Presumption of jurisdiction Where the jurisdiction of the court to make a decree or other determination is drawn in question collaterally, the jurisdiction is presumptively and in the absence of fraud or collusion, conclusively established by an allegation of the jurisdictional facts contained in a verified plea…
§ 205. Domiciliaries; jurisdiction and venue 1. The surrogate's court of any county has jurisdiction over the estate of a decedent who was a domiciliary of the state at the time of his death, disappearance or internment. The proper venue for proceedings relating to such estates is the county of the decedent's domicile…
§ 206. Non-domiciliaries; jurisdiction and venue 1. The surrogate's court of any county has jurisdiction over the estate of any non-domiciliary decedent who leaves property in the state, or a cause of action for wrongful death against a domiciliary of the state. The proper venue for proceedings relating to such estates…
§ 207. Lifetime trusts; jurisdiction and venue 1. The surrogate's court of any county has jurisdiction over the estate of any lifetime trust which has assets in the state, or of which the grantor was a domiciliary of the state at the time of the commencement of a proceeding concerning the trust, or of which a trustee t…
§ 208. Jurisdiction; how affected by locality of certain assets For the purpose of conferring jurisdiction upon the court: 1. A debt or a cause of action for wrongful death, in favor of a non-domiciliary against a domiciliary, is deemed personal property in the county where the domiciliary, or either of two or more suc…
§ 209. Powers incidental to jurisdiction of the court The court has power: 1. To open, vacate, modify or set aside any decree or order of the court directing distribution of the property of an estate which was made prior to the probate of and without knowledge of a will which affects such distribution, and in the same…
§ 210. Jurisdictional predicate 1. Traditional bases. The court shall exercise jurisdiction over persons and property as heretofore or hereafter permitted by law. 2. Additional bases. (a) The court may exercise personal jurisdiction over any non-domiciliary, or his fiduciary, as to any matter within the subject matter…
§ 211. When jurisdiction in personam obtained The court may exercise personal jurisdiction over any person as to any matter within the subject matter jurisdiction of the court, if, on analogous facts in an action in the supreme court, such person would be subject to the personal jurisdiction of that court.
§ 212. Service of process All processes of the court may be served and executed in any part of the state and without the state when authorized by law.
ARTICLE 3 PROCEEDINGS, PLEADINGS AND PROCESS Section 301. Statute of limitations. 302. Pleadings. 303. Verification. 304. Contents of petition. 305. Process, where returnable. 306. Citation. 307. Service of process. 308. Return day of citation. 309. When service of process complete. 310. Who may serve process. 311. Des…
§ 301. Statute of limitations (a) For the purpose of computing the period of limitation under article two of the civil practice law and rules, a proceeding is commenced upon the filing of a petition, provided process is issued and service made upon any respondent within one hundred twenty days after the date of the fil…
§ 302. Pleadings 1. Unless otherwise provided in this act (a) Pleadings shall consist of the petition, answer or objections and account. (b) There shall be no other pleading unless directed by the court. (c) An answer or objection shall be served upon the return of process or at such later date as directed by the court…